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U.S. v. GOOSSENS

No. 95-5520.

84 F.3d 697 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Michael John GOOSSENS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 28, 1996.

Attorney(s) appearing for the Case

ARGUED: William Graham Otis, Senior Litigation Counsel, Alexandria, Virginia, for Appellant. Elizabeth Doyle Teare, Surovell, Jackson, Colten & Dugan, P.C., Fairfax, Virginia, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Andrew G. McBride, Assistant United States Attorney, Vincent L. Gambale, Assistant United States Attorney, Alexandria, Virginia, for Appellant. William B. Reichhardt, Surovell, Jackson, Colten & Dugan, P.C., Fairfax, Virginia, for Appellee.

Before WIDENER and WILKINS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Vacated and remanded with instructions by published opinion. Judge WILKINS wrote the opinion, in which Judge WIDENER and Senior Judge CHAPMAN joined.

OPINION

WILKINS, Circuit Judge:

Michael John Goossens pled guilty to one count of knowing possession of three or more materials depicting minors engaged in sexually explicit conduct. See 18 U.S.C.A. § 2252(a)(4)(B) (West Supp.1996). In imposing sentence, the district court departed downward...

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