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U.S. v. ROYBAL

No. 12-30350.

737 F.3d 621 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Allan ROYBAL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2013.

Attorney(s) appearing for the Case

John Rhodes , Assistant Federal Public Defender, Federal Defenders of Montana, Missoula, MT, for Defendant-Appellant.

Lori Anne Harper Suek and Leif Johnson , Assistant United States Attorneys, Office of the United States Attorney, Billings, MT, for Plaintiff-Appellee.

Before: MILAN D. SMITH, JR. and ANDREW D. HURWITZ, Circuit Judges, and JAMES C. MAHAN, District Judge.

OPINION

MAHAN, District Judge:

Appellant Roger Allen Roybal ("Roybal") pleaded guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2). Based on its holding that Roybal's act of showing child pornography to an eleven-year-old victim qualified as "distribution," the district court (1) applied a six-level sentencing enhancement under U.S.S.G. § 2G2.2(b)(3)(D), and (2) declined to apply a two-level reduction under...

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