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U.S. v. SCHMELTZER

No. 91-8338.

960 F.2d 405 (1992)

The UNITED STATES of America, Plaintiff-Appellee, v. Ernest SCHMELTZER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 3, 1992.

Attorney(s) appearing for the Case

Alan J. Chaset, Alexandria, Va., Peter Goldberger, Philadelphia, Pa., for defendant-appellant.

LeRoy Morgan Jahn, Richard L. Durbin, Jr., Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., W.W. Torrey, Asst. U.S. Atty., Midland, Tex., for plaintiff-appellee.

Before WISDOM, JONES, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 3, 1992.

EDITH H. JONES, Circuit Judge:

Appellant Ernest Schmeltzer appeals from his sentence following a plea of guilty on his second offense of knowingly possessing a magazine depicting a minor engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(2). Schmeltzer raises several claims of error in the court's application of Sentencing Guidelines...

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