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U.S. v. BROWN

No. 08-1221.

578 F.3d 221 (2009)

UNITED STATES of America v. Daniel BROWN, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 26, 2009.

Attorney(s) appearing for the Case

James V. Wade, Esq., Ronald A. Krauss, Esq., [Argued], Office of the Federal Public Defender, Harrisburg, PA, for Appellant, Daniel Brown.

Martin C. Carlson, Esq., Francis P. Sempa, Esq., [Argued], Office of the United States Attorney, Scranton, PA, for Appellee United States of America.

Before SLOVITER and BARRY, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

Daniel Brown pled guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252(a)(2). He was sentenced to 180 months of incarceration. Because it is unclear whether the District Court sentence was the result of an upward departure authorized by the United States Sentencing Guidelines or a variance from those guidelines pursuant to 18 U.S.C. § 3553, we will remand to the District...

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