U.S. v. MILLER

No. 98-8228 Non-Argument Calendar.

166 F.3d 1153 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur MILLER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 4, 1999.


Attorney(s) appearing for the Case

Leeza R. Cherniak, Atlanta, GA, for Defendant-Appellant.

Dixie A. Morrow, Macon, GA, for Plaintiff-Appellee.

Before ANDERSON and MARCUS, Circuit Judges, and FAY, Senior Circuit Judge.


PER CURIAM:

Arthur Miller appeals his 63-month sentence for transporting computer visual depictions of minors engaged in sexually explicit conduct, and possession of computer disks containing depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252.

On appeal, Miller contends that the district court erred in applying the cross-reference contained in § 2G2.2(c)(1). He argues that it should "only be applied where...

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