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U.S. v. KAPITZKE

No. 97-1540.

130 F.3d 820 (1997)

UNITED STATES of America, Appellant, v. James Allen KAPITZKE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1997.

Attorney(s) appearing for the Case

Janet Newburg, Asst. U.S. Atty., Minneapolis, MN, argued, for appellant.

Kevin Short, Minneapolis, MN, argued, for appellee.

Before FAGG, WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

FAGG, Circuit Judge.

James Allen Kapitzke was apprehended after he exposed himself in front of a thirteen-year-old girl inside a department store. In Kapitzke's truck and home, police found pictures of nude children and computer files showing children engaged in sex acts with each other and with adult men. Kapitzke, a computer programmer, had downloaded the computer files from the Internet. The Government charged Kapitzke with one count of unlawful possession of child...

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