UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-10097 Plaintiff-Appellee, D.C. No. v. 2:07-cr-00425-MCE-1 JAMES E. JOHNSTON, Defendant-Appellant. OPINION

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., Chief District Judge, Presiding

Argued and Submitted March 9, 2015—San Francisco California

Filed May 26, 2015

Before: M. Margaret McKeown, Mary H. Murguia, and Michelle T. Friedland, Circuit Judges.

Opinion by Judge McKeown 2 UNITED STATES V. JOHNSTON

SUMMARY*

Criminal Law

The panel affirmed convictions for receipt of child pornography and conspiracy to produce child pornography and to travel internationally to engage in illicit sex, but vacated the judgment and remanded with instructions that the district court vacate the defendant’s conviction for possession of child pornography.

The panel reiterat