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U.S. v. EDENS

No. 1:07cr224-MHT.

647 F.Supp.2d 1311 (2009)

UNITED STATES of America v. Edward Lee EDENS, Jr.

United States District Court, M.D. Alabama, Southern Division.

August 24, 2009.

Attorney(s) appearing for the Case

Nathan D. Stump, Tommie Brown Hardwick, U.S. Attorney's Office, Montgomery, AL, for United States of America.

Christine Ann Freeman, Michael J. Petersen, Federal Defenders, Middle District of Alabama, Montgomery, AL, for Edward Lee Edens, Jr.

OPINION AND ORDER

MYRON H. THOMPSON, District Judge.

Defendant Edward Lee Edens, Jr. was convicted of, among other things, possession and receipt of child pornography. This case is now before the court on Edens's motion to dismiss the possession charge (count six), arguing that it violates the Double Jeopardy Clause of the Fifth Amendment to convict him of both possession and receipt. For the reasons that follow, the motion will be denied.

I. BACKGROUND...

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