U.S. Court of Appeals for the Ninth Circuit, 2008

United States v. Wiberg

United States v. Wiberg
U.S. Court of Appeals for the Ninth Circuit · Decided December 15, 2008
303 F. App'x 474

United States v. Wiberg

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.