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United States Ninth Circuit


US v. Garner, 06-10417

A 262-month sentence for attempted receipt of visual depictions of a minor engaged in sexually explicit conduct and distribution of visual depictions of a minor engaged in sexually explicit conduct is affirmed over claims that: 1) the district court erred by applying a five-level "pattern of activity" enhancement because the prior conduct of sexually abusing his own children occurred at least thirty-five years earlier; and 2) the sentence imposed was unreasonable.

Appellate Information

  • Argued 05/15/2007
  • Decided 06/18/2007
  • Published 06/18/2007

Judges

  • MICHAEL DALY HAWKINS, Circuit Judge., Before:  B. FLETCHER, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Caro Marks, Assistant Federal Defender, Sacramento, CA, for the appellant.

  • For Appellees:
  • Camil A. Skipper, Assistant U.S. Attorney, Sacramento, CA, for the appellee.
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