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U.S. v. TUCKER

No. 97-2767 Non-Argument Calendar.

136 F.3d 763 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Ray TUCKER, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 5, 1998.

Attorney(s) appearing for the Case

Thomas S. Keith, Asst. Fed. Pub. Defender, Pensacola, FL, for Defendant-Appellant.

P. Michael Patterson, U.S. Atty., Tallahassee, FL, William Wagner and Nancy J. Hess, Assts. U.S. Attys.,, Gainesville, FL, for Plaintiff-Appellee.

Before RONEY, KRAVITCH and CLARK, Senior Circuit Judges.

PER CURIAM:

Bobby Ray Tucker appeals his sentence for transporting or shipping in interstate commerce material depicting minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(1).

On appeal, Tucker contends that his sentence should be vacated and his case remanded for resentencing because the district court improperly assessed him a four-level enhancement under U.S.S.G. § 2G2.2(b...

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