Court of Appeals for the Ninth Circuit December 15, 2008, No. 07-30357 (United States v. Heddings)

MEMORANDUM *

We vacate the judgment and remand in light of United States v. Davenport, 519 F.3d 940 (9th Cir.2008). On remand, the district court should vacate either Heddings’ conviction for receipt or his conviction for possession of child pornography, “allowing for it to be reinstated without prejudice if his other conviction should be overturned on direct or collateral review.” Id. at 948.