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U.S. v. CIPOLLONE

No. 90-50707.

951 F.2d 1057 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. John Anthony CIPOLLONE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1991.

Attorney(s) appearing for the Case

William J. Kopeny and Albert A. Newton, Law Offices of Stewart and Barnett, Santa Ana, Cal., for defendant-appellant.

John M. Potter, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before FARRIS, PREGERSON and THOMPSON, Circuit Judges.

PER CURIAM:

Defendant John Anthony Cipollone appeals his sentence after pleading guilty to two counts of knowing distribution and receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2). Cipollone contends the district court erred by (1) finding that the child pornography at issue depicted prepubescent minors (under the age of 12), (2) refusing to group two counts under United States Sentencing Guidelines 3D1.2(d), and (3) declining to grant a downward...

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