United States v. Elliott, 937 F.3d 1310 (10th Cir. Sept. 9, 2019)

The Tenth Circuit concluded that 18 U.S.C. § 2251(a) is ambiguous as to whether the unit of prosecution for possession of child pornography is a single device or simultaneous possession of multiple devices.  Applying the rule of lenity, the Court held that the defendant’s simultaneous possession of multiple devices in a single location constituted a single offense and vacated three of the defendant’s four convictions.