DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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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.