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U.S. v. WILKE

No. 98-1488.

156 F.3d 749 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Randall WILKE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1998.

Attorney(s) appearing for the Case

Diane MacArthur (argued), Office of the United States Attorney, Chicago, IL, for plaintiff-appellant.

John J. Westra, Alfred S. Lee (argued), Johnson, Westra, Whittaker & Austin, Carol Stream, IL, for defendant-appellee.

Before CUDAHY, EASTERBROOK, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Randall Wilke pled guilty to one count of violating 18 U.S.C. § 2242(a)(1), which prohibits the transporting of child pornography through interstate commerce. Application of the 1995 version of United States Sentencing Guidelines Manual ("Guidelines" or "U.S.S.G.") resulted in a sentencing range of 21-27 months. Wilke moved for a downward departure from this range on grounds that included his vulnerability to abuse in prison and his extraordinary...

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