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U.S. v. HOTALING

Docket No. 09-3935-cr.

634 F.3d 725 (2011)

UNITED STATES of America, Appellee, v. John C. HOTALING, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 28, 2011.

Attorney(s) appearing for the Case

Nathaniel J. Dorfman , Assistant United States Attorney ( Brenda K. Sannes , Assistant United States Attorney; Thomas Spina, Jr. , Assistant United States Attorney, of counsel), for Richard S. Hartunian, United States Attorney for the Northern District of New York, Syracuse, NY, for Respondent-Appellee.

Gene V. Primomo , Assistant Federal Public Defender, for Alexander Bunin, Federal Public Defender, Syracuse, NY, for Petitioner-Appellant.

Before: NEWMAN and HALL, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

Defendant-Appellant, John Hotaling, appeals from a judgment of the United States District Court for the Northern District of New York (Mordue, J.) of conviction for violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2256(8)(C) and imposition of a sentence based on a specific offense characteristic sentencing enhancement pursuant to U.S.S.G. § 2G2.2(b)(4). The district court concluded that the statute prohibiting possession of child...

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