U.S. v. MILLER

No. 10-50500.

665 F.3d 114 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Aubrey Ruffin MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 2011.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Asst. U.S. Atty., Diane D. Kirstein (argued), San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes (argued), Henry Joseph Bemporad , Fed. Pub. Defenders, San Antonio, TX, for Defendant-Appellant.

Before DAVIS, PRADO and OWEN, Circuit Judges.


OWEN, Circuit Judge:

Aubrey Miller pled guilty to one count of transportation of child pornography in violation of 18 U.S.C. § 2252(a)(1). The district court sentenced Miller to 220 months of imprisonment (18 years and 4 months), a term within the advisory Guidelines range and less than the statutory maximum of 240 months of imprisonment. The district court also imposed a twenty-five-year term of supervised release. Miller

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