United States of America v. Randall Frederick Muhlenbruch

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Submitted: September 24, 2010

Before BYE, BEAM, and SMITH, Circuit Judges.

The district court sentenced defendant Randall Muhlenbruch to two concurrent sentences of 120 months’ imprisonment after a jury found him guilty of knowingly receiving child pornography, in violation of 18 U.S.C. § 2252(a)(2), and knowingly possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). On appeal, Muhlenbruch challenges his convictions, arguing that (A) the district court erred when it denied his motions to suppress statements and evidence; (B) the evidence presented at trial was insufficient to support his convictions; (C) the district court erroneously allowed the jury to view Muhlenbruch’s videotaped confession multiple times; and (D) his convictions for both possessing and receiving the same images of child pornography violate the Double Jeopardy Clause.*fn1 Muhlenbruch also challenges his sentence on several grounds. We affirm in part, reverse in part, and remand with instructions.

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