Task: Wrong Candidate Generation
Input (English): § 2252A and that a conviction for both offenses based on the same conduct violates the Double Jeopardy Clause. Id. at 1374-75 (citations omitted). That said, the Eleventh Circuit found in Bobb that the defendant’s convictions for both receipt and possession of child pornography did not violate the Double Jeopardy Clause because his convictions were “based on two distinct offenses, occurring on two different dates, and proscribed by two different statutes.” Bobb, 577 F.3d at 1375; see also United States v. Overton, 573 F.3d 679, 697-98 (9th Cir.2009) (finding that conviction for receipt and possession of child pornography did not violate the Double Jeopardy Clause because the convictions were based on separate conduct); United States v. Polouizzi, 564 F.3d 142, 158-59 (2d Cir.2009) (<HOLDING>); United States v. Wendehake, No. 06-14040-CR, 
 Holding statements: (A) holding that the double jeopardy clause did not bar charging the defendant with both receipt and possession of child pornography where the defendant was charged with possessing a set of files that did not form the basis for a separate receipt count (B) holding that double jeopardy clause did not apply to forfeiture proceeding before the court (C) holding that appellants specific factual denial of receipt was sufficient evidence to defeat the presumption of receipt raised by a docket entry showing mailing (D) holding that the double jeopardy clause did not bar resentencing on counts that were affirmed on appeal when a sentence of imprisonment on another count was vacated (E) holding that defendant did not have standing to raise facial challenge to validity of aggravated assault statutes for their risk of creating double jeopardy grounds because he himself was not charged in way that created double jeopardy
Output (English): holding that the double jeopardy clause did not bar resentencing on counts that were affirmed on appeal when a sentence of imprisonment on another count was vacated