United States v. Jack Gannon, Jr.

NOT FOR PUBLICATION FILED

DEC 7 2021

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-30083

Plaintiff-Appellee, D.C. No. 2:16-cr-00086-TOR-1 v.

JACK KENNETH GANNON, Jr., MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Washington Thomas O. Rice, District Judge, Presiding

Argued and Submitted October 8, 2021 Seattle, Washington

Before: PAEZ, M. SMITH, and NGUYEN, Circuit Judges.

Jack Kenneth Gannon, Jr. (“Gannon”) pled guilty to receipt of child

pornography under 18 U.S.C. § 2252A(a)(2) and possession of child pornography

under 18 U.S.C. § 2252A(a)(5)(B). At sentencing, the district court, to avoid a

Double Jeopardy violation, dismissed the possession conviction and imposed an

enhanced sentence for the receipt conviction under 18 U.S.C. § 2252A(b)(1). On

appeal, Gannon challenges the district court’s determination that his prior

* This disposition is not appropriate for publication and is not precedent conviction for possession of child…