Arthur Wayne Kniffley v. United States
FifthAmendment
Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously convicted of possessing and distributing the same images that he was charged with producing in the instant case
question presented is: I. Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previously convicted of possessing and distributing the same images that he was charged with producing in the instant case. | | Petitioner was subject to a mandatory life sentence and the | district court had no choice but to impose that sentence. The question | presented is: | Il. | When the defendant is subject to a mandatory life sentence and | the district court has no sentencing discretion, should the jury be instructed that if the defendant is convicted he would be sentenced to life imprisonment and would not be released on parole because there is no parole in the federal system. | | | | | | | | i |