Olander

I. Background

Olander was indicted for knowingly receiving computer images of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and (b)(1), and knowingly possessing images of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2). Olander moved to dismiss the receiving charge, contending that “receiv[ing]” child pornog- raphy under § 2252A(a)(2)(A) requires an intent to distribute the pornography that has been received. The indictment did not charge that Olander had an intent to distribute.

The district court denied Olander’s motion. It stated that he had made “compelling arguments” but that those arguments were foreclosed by United States v. Mohrbacher, 182 F.3d 1041 (9th Cir. 1999), United States v. Romm, 455 F.3d 990 (9th Cir. 2006), and United States v. Kuchinski, 469 F.3d 853 (9th Cir. 2006).

Olander then pled guilty to both charges in the indictment. The receiving charge carried a mandatory minimum sentence of five years. 18 U.S.C. § 2252A(b)(1). The possession charge did not have a mandatory minimum sentence. Id. § 2252A(b)(2). The district court sentenced Olander to five years in prison for each count, to be served concurrently.

Under the…