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U.S. v. DORVEE

Docket No. 09-0648-cr.

616 F.3d 174 (2010)

UNITED STATES of America, Appellee, v. Justin K. DORVEE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 11, 2010.

Amended: August 4, 2010.

Attorney(s) appearing for the Case

Paul J. Angioletti, Staten Island, NY, for Defendant-Appellant Justin K. Dorvee.

Paul D. Silver, Assistant United States Attorney, for Richard T. Hartunian, United States Attorney, Northern District of New York (Thomas Spina, Jr., Paul Ryan Conan, and Brenda K. Sannes, Assistant United States Attorneys, on the brief), Albany, NY, for Appellee United States of America.

Before: CABRANES and B.D. PARKER, Circuit Judges, and UNDERHILL, District Judge.

AMENDED OPINION

B.D. PARKER, Jr., Circuit Judge:

Justin K. Dorvee pled guilty to one count of distribution of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A). He was sentenced by the United States District Court for the Northern District of New York (McAvoy, J.) to the statutory maximum of 240 months, less 194 days for time served for a related state sentence. He challenges both the procedural...

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