U.S. v. STRICKLAND

No. 08-30091.

601 F.3d 963 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis STRICKLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2010.


Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Defender, and Michael Donahoe (argued), of Helena, MT, for defendant-appellant Dennis Strickland.

Will W. Mercer, United States Attorney, Ryan M. Archer (argued), Marcia Hurd, and Eric B. Wolff, Assistant United States Attorneys, of Billings, MT, for the United States.

Opinion by Judge CALLAHAN; Concurrence by Cheif Judge KOZINSKI; Concurrence by Judge THOMAS; Dissent by Judge BERZON; Dissent by Judge REINHARDT.


CALLAHAN, Circuit Judge:

Dennis Strickland appeals following his guilty-plea conviction for receipt and possession of child pornography. He challenges the government's proof at sentencing that a prior Maryland conviction for child abuse was a predicate offense relating to sexual abuse of a minor under 18 U.S.C. § 2252A(b)(1) and (2) resulting in an increased statutory minimum and maximum sentence. To show that the prior Maryland conviction was a predicate offense...

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