Richard Donald Chambers v. United States of America, (Two Cases)

Opinion by Judge KAUFMAN.

Defendant-appellant Richard Chambers has filed two appeals from the denial of his motions made pursuant to 28 U.S.C. Sec. 2255 to set aside his two convictions for receipt of child pornography, in violation of 18 U.S.C. § 2252 . Chambers asserts that the district courts erred in denying his petitions because this court has declared the statute under which he was convicted, namely 18 U.S.C. § 2252 , unconstitutional in U.S. v. X-Citement Video, 982 F.2d 1285 (9th Cir.1992), a case decided after Chambers’ two aforementioned convictions. We conclude that Chambers is entitled to the benefit of the retroactive application of X-Citement Video .

FACTS

Defendant-appellant Richard Chambers challenges his two convictions for receipt of child pornography in violation of 18 U.S.C. § 2252 . On September 2, 1986, Chambers pled guilty to a two-count information charging him with the receipt of child pornography under 18 U.S.C. § 2252 (a)(2). He was sentenced to a five-year term of imprisonment followed by five years of probation. While on probation, Chambers was again charged, in an indictment, for violating § 2252 on April 30, 1991. On July 22, 1991, Chambers pled…