United States v. Rooks

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 14, 2007
• Docket: 06-30494
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS February 14, 2007 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 06-30494 _____________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

VANCE ROOKS, JR.,

Defendant - Appellant. _________________________________________________________________

Appeal from the United States District Court for the Western District of Louisiana, Shreveport Div. USDC No. 5:04-CR-50067-ALL _________________________________________________________________

Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM:*

We AFFIRM Rooks’s convictions. The jury instruction properly

stated the jury could find Rooks guilty of either receiving or

distributing child pornography in violation of 18 U.S.C. §

2252A(a)(2) because the statute is unambiguous and because “a

disjunctive statute may be pleaded conjunctively and proved

disjunctively.” See United States v. Harrelson, 705 F.2d 733, 736

(5th Cir. 1983). Furthermore, Rooks’s receiving conviction under

18 U.S.C. § 2252A(a)(2) and his possession conviction under 18

U.S.C. § 2252A(a)(5) are neither multiplicitous nor violate the

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Fifth Amendment because they are different crimes: a person can

possess child pornography he manufactured, and a person might no

longer possess child pornography he once received. We also note

that the two convictions were for different images of child

pornography.

AFFIRMED.