United States Tenth Circuit

In an appeal of sentences for violating child pornography law, 18 U.S.C. section 2252A(a)(5)(B), district court did not err by applying a two-level enhancement for possession of ten or more "items" pursuant to section 2G2.4(b)(2) of the 1998 U.S.S.G., because each electronic graphics file counts as an item under the amended Guidelines.

Appellate Information

• Decided 02/14/2002
• Published 02/14/2002

Judges

• PAUL KELLY, JR., Circuit Judge., Before SEYMOUR, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KELLY, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jack Schisler, Assistant Federal Public Defender (Stephen J. Knorr, Federal Public Defender, with him on the brief), Office of the Federal Public Defender, Tulsa, OK, for Defendants-Appellants., Neal B. Kirkpatrick, Assistant United States Attorney (Thomas Scott Woodward, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.