Eleventh Circuit Court of Appeals - Published Opinions

Thursday, August 06, 2009

Bobb: No Double Jeopardy Violation on Receiving and Posssing Child Porn

In U.S. v. Bobb, No. 07-13252 (Aug. 6, 2009), the Court rejected a Double Jeopardy challenge to convictions for receiving and possessing child pornography.
The Court agreed with Bobb that in the abstract it could violate Double Jeopardy to prosecute a defendant for both "receiving" and "possessing" child pornography, because this would be multiple punishment for the same offense. The Court noted that it is impossible to receive a thing without also possessing it. The Court found no intent of Congress to punish the same conduct twice, under separate statutes.
However, Ball was charged with receiving child pornography on a separate date from the date on which he was charged with possessing additional child pornography. Thus, the indictment charged two separate and distinct offenses. Thus, the Double Jeopardy challenge ultimately fell short.