USA v. Kenneth Hutchinson
Filing
OPINION: we VACATE Hutchinson's conviction and sentence as to Count Three, and REMAND to the district court for a determination as to whether Counts One and Two are supported by separate conduct or images. Should the district court find both counts are supported by the same conduct or images, the court is instructed to vacate Hutchinson's conviction and sentence for Count One. The district court then should engage in de novo resentencing, decision not for publication pursuant to local rule 206. Karen Nelson Moore, Circuit Judge; Eric L. Clay, Circuit Judge and David W. McKeague, AUTHORING Circuit Judge.
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