U.S. v. HIBBLER

Nos. 96-2345, 96-2450.

159 F.3d 233 (1998)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. James Allen HIBBLER, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1998.


Attorney(s) appearing for the Case

Richard S. Murray, Asst. U.S. Attorney (argued and briefed), Office of U.S. Attorney for Western District of Michigan, Grand Rapids, MI, for Plaintiff-Appellant/Cross-Appellee.

Randall S. Levine (argued and briefed), Anastase Markou (argued), Levine & Levine, Kalamazoo, MI, for Defendant-Appellee/Cross-Appellant.

Before: MERRITT, NORRIS, and WALLACE, Circuit Judges.


NORRIS, J., delivered the opinion of the court, in which WALLACE, J., joined. MERRITT, J. (p. 238), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ALAN E. NORRIS, Circuit Judge.

This appeal stems from defendant James Allen Hibbler's conviction for shipping and possession of child pornography. Although he was convicted of seven shipping counts and one possession count, the...

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