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U.S. v. SIMONS

No. 99-4238.

206 F.3d 392 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Mark L. SIMONS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2000

Attorney(s) appearing for the Case

ARGUED: Marvin David Miller, Law Offices of Marvin D. Miller, Alexandria, Virginia, for Appellant. G. David Hackney, Assistant United States Attorney, United States Attorney's Office, Alexandria, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, United States Attorney's Office, Alexandria, Virginia, for Appellee.

Before WILKINS and NIEMEYER, Circuit Judges, and SEYMOUR, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part and remanded in part by published opinion. Judge WILKINS wrote the opinion, in which Judge NIEMEYER and Judge SEYMOUR joined.

OPINION

WILKINS, Circuit Judge:

Mark L. Simons appeals his convictions for receiving and possessing materials constituting or containing child pornography, see 18 U.S.C.A. § 2252A(a)(2)(A), (a)(5)(B) (West Supp.1999). Simons, who received the unlawful materials at his government workplace via the...

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