United States v. Wiberg
This text of 303 F. App'x 474 (United States v. Wiberg) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
We vacate the district court’s judgment and remand in light of United States v. Davenport, 519 F.3d 940 (9th Cir.2008). On remand, the district court should vacate either Wiberg’s conviction for receipt or his conviction for possession of child pornography, “allowing for it to be reinstated without prejudice if his other conviction should be overturned on direct or collateral review.” Id. at 948.
Any further appeals in this case shall be assigned to this panel.
REMANDED with instructions.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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303 F. App'x 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wiberg-ca9-2008.