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213091P.pdf   01/24/2023  United States  v.  Kyle Soto
   U.S. Court of Appeals Case No:  21-3091
   U.S. District Court for the District of South Dakota - Western   
[PUBLISHED] [Erickson, Author, with Loken and Kobes, Circuit Judges] Criminal case - Criminal Law and Sentencing. The evidence was sufficient to support defendant's child pornography, enticement, and sexual exploitation convictions; considering the evidence submitted in the case, defendant could be convicted for both receipt and possession of child pornography without violating double jeopardy; the jury did not make a finding of a qualifying minor victim, so the statutory maximum under 18 U.S.C. Sec. 2252A(a)(5)(B) was 10 years, and defendant's twenty-year sentence for possession of child pornography is vacated, and the matter is remanded for resentencing.