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U.S. v. COSTALES

No. 91-8465.

5 F.3d 480 (1993)

UNITED STATES of America, Plaintiff-Appellee Cross-Appellant, v. Bernard Chris COSTALES, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 5, 1993.

Attorney(s) appearing for the Case

Donald F. Samuel, Garland & Samuel, Atlanta, GA, for defendant-appellant.

William R. Toliver, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and KAUFMAN, Senior District Judge.

TJOFLAT, Chief Judge:

Bernard Christopher Costales was convicted on one count of receiving child pornography through the mail and sentenced to twelve months in prison. Costales appeals his conviction and the United States cross-appeals his sentence. We affirm the conviction. Because we find that the district court misapplied the Sentencing Guidelines and undermined the jury verdict in granting Costales' motion for a downward departure for playing a minor role in the...

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