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U.S. v. KUCHINSKI

No. 05-30607.

469 F.3d 853 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. John Charles KUCHINSKI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 27, 2006.

Attorney(s) appearing for the Case

Brad L. Arndorfer, Arndorfer Law Firm, P.C., Billings, MT, for the appellant.

Marcia Hurd, Assistant U.S. Attorney, Billings, MT, for the appellee.

Before: KOZINSKI and FERNANDEZ, Circuit Judges, and CARNEY, District Judge.

FERNANDEZ, Circuit Judge:

John C. Kuchinski appeals his conviction and sentence for receipt and possession of child pornography. 18 U.S.C. §§ 2252A(a)(2), (a)(5)(B). Principally, he asserts that his prosecution for receipt and possession violated the double jeopardy clause,1 that any use of the United States Sentencing Guidelines violates the separation of powers doctrine, and that he...

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