203388P.pdf   02/02/2022  United States  v.  John Kuhnel
   U.S. Court of Appeals Case No:  20-3388
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Erickson, Author, with Grasz and Stras, Circuit Judges] 
   Criminal case - Criminal law. Defendant knew he was subject to a search 
   condition as part of his Minnesota conviction and it follows that the 
   search of his vehicle was reasonable and permissible even in the absence 
   of suspicion; assuming the probation officers needed reasonable suspicion, 
   defendant had admitted to them that he had viewed prohibited sites on the 
   laptop stored in the car, and the officer knew defendant had responded to 
   an email from an unrecognized device just prior to their meeting; claim of 
   ineffective assistance counsel concerning the suppression hearing would 
   not be considered on direct appeal; the evidence was sufficient to support 
   defendant's convictions for receipt and possession of child pornography; 
   the Double Jeopardy Clause prevents convictions under both 18 U.S.C. Sec. 
   2252(a)(4)(B) and 18 U.S.C. Sec. 2252(a)(5)(B) for the possession of a 
   single material containing child pornography; because the district court 
   imposed concurrent sentences for the two convictions, the appropriate 
   remedy is to remand with directions to vacate one of the multiplicitous 
   convictions.