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U.S. v. BENOIT

No. 12-5013.

713 F.3d 1 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Eddy BENOIT, Defendant-Appellant. Vicky, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 2, 2013.

Attorney(s) appearing for the Case

Art Fleak , Tulsa, OK, for the Defendant-Appellant.

Richard A. Friedman ( Thomas Scott Woodward , United States Attorney, and Jeffrey A. Gallant , Assistant United States Attorney, Lanny A. Breuer , Assistant Attorney General, and John D. Buretta , Acting Deputy Assistant Attorney General, with him on the briefs), United States Department of Justice, Washington, D.C., for the Plaintiff-Appellee.

Paul G. Cassell , S.J. Quinney College of Law at the University of Utah ( James R. Marsh , Marsh Law Firm PLLC, White Plains, NY, and Carol L. Hepburn , Carol L. Hepburn PS, Seattle, WA, with him on the briefs), Salt Lake City, UT, for Amicus Curiae.

Before LUCERO and BALDOCK, Circuit Judges, and SKAVDAHL, District Judge.

LUCERO, Circuit Judge.

Joseph Benoit was convicted of receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2) and (b)(1), and possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). He was sentenced to concurrent terms of 125 and 120 months' imprisonment and ordered to pay $11,466 in restitution. He challenges his conviction and sentence on several grounds.

Benoit contends that the district court erred in...

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