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U.S. v. NEILSSEN

No. 96-4942.

136 F.3d 965 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Robert S. NEILSSEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

ARGUED: George Alan DuBois, Assistant Federal Public Defender, Raleigh, NC, for Appellant. Yvonne Victoria Watford-McKinney, Assistant United States Attorney, Raleigh, NC, for Appellee. ON BRIEF: William A. Webb, Federal Public Defender, Raleigh, NC, for Appellant. Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, NC, for Appellee.

Before MURNAGHAN, HAMILTON and MICHAEL, Circuit Judges.

Vacated and remanded for resentencing by published opinion. Judge HAMILTON wrote the opinion, in which Judge MURNAGHAN and Judge MICHAEL joined.

OPINION

HAMILTON, Circuit Judge:

Robert Neilssen (Neilssen) appeals his sentence following his guilty plea to charges of distributing and reproducing photographs of minors engaging in sexually explicit conduct by means of computer. See 18 U.S.C. § 2252(a)(2). Neilssen seeks vacatur of his sentence...

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