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U.S. v. BEVACQUA

No. 88-5587.

864 F.2d 19 (1988)

UNITED STATES of America, v. Brian K. BEVACQUA, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 23, 1988.

Rehearing and Rehearing Denied January 25, 1989.

Attorney(s) appearing for the Case

James D. Crawford (argued), Charles P. Hehmeyer, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant.

James J. West, U.S. Atty., Sally A. Lied, Asst. U.S. Atty., Harrisburg, Pa., Mary C. Spearing (argued), Dept. of Justice, Criminal Div., Washington, D.C., for appellee.

Before GIBBONS, Chief Judge, and HUTCHINSON and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 25, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Brian K. Bevacqua appeals from a judgment of sentence imposed following his conditional guilty plea to an indictment charging him with knowingly and willfully receiving through the United States Mails child pornography in violation of 18 U.S.C. § 2252(a)(2) (Supp. II 1984). His guilty plea was entered following the denial of his motion to dismiss...

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