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U.S. v. REGAN

No. 10-2021.

627 F.3d 1348 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Dixon REGAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 23, 2010.

Attorney(s) appearing for the Case

John V. Butcher , Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Gregory J. Fouratt , Assistant United States Attorney ( Kenneth J. Gonzales , United States Attorney and Charlyn E. Rees , Assistant United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before BRISCOE, Chief Judge, and HOLLOWAY and MURPHY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-appellant Dixon Regan pled guilty to one count of receiving visual depictions of minors engaged in sexually explicit conduct in violation of 18 U.S.C. §§ 2252(a)(2), 2252(b)(1), and 2256. Based on Regan's total offense level and criminal history category, the applicable Sentencing Guideline range was 97 to 121 months of imprisonment. Regan requested a sentence at the statutory minimum of 60 months of imprisonment under...

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