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U.S. v. BOOS

No. 96-50404.

127 F.3d 1207 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Hans BOOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 7, 1997.

Attorney(s) appearing for the Case

Kenneth M. Miller, Law Office of Kenneth M. Miller, Santa Ana, California, for defendant-appellant.

Patricia A. Donahue, Asst. U.S. Atty., Los Angeles, California, for plaintiff-appellee.

Before: O'SCANNLAIN, FERNANDEZ and THOMAS, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide in this case whether the "victim" of the crime of distributing child pornography is the individual child depicted in the image or society at large.

I

Defendant Hans Boos appeals his 30-month sentence for conspiracy to distribute or to receive child pornography under 18 U.S.C. § 371 and distribution of child pornography under 18 U.S.C. § 2252(a)(1). He challenges the district court's decision not...

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