United States Fourth Circuit

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US v. McManus, 12-4901

Defendant's sentence for possession of child pornography is vacated and remanded, where: 1) the district court improperly applied a five-level enhancement, resulting in an improper calculation of defendant's sentencing range because the government failed to submit sufficient individualized evidence of defendant's intent to distribute his pornographic materials in expectation of receipt of a thing of value; and 2) the error was not harmless.

Appellate Information

  • Decided 10/30/2013
  • Published 10/30/2013

Judges

  • DUNCAN

Court

  • United States Fourth Circuit

Counsel

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