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U.S. v. PERREAULT

No. 99-30087.

195 F.3d 1133 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. David PERREAULT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1999.

Attorney(s) appearing for the Case

Beth Bollinger, Spokane, Washington, for the defendant-appellant.

James Peters, Assistant United States Attorney, Boise, Idaho, for the plaintiff-appellee.

Before: FERGUSON, REAVLEY, and TROTT, Circuit Judges.

REAVLEY, Circuit Judge:

The sole issue raised in this appeal is whether appellant David Perreault possessed ten or more "items" of child pornography for sentencing purposes. Perreault pleaded guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). Under his plea agreement with the government, Perreault agreed to certain facts, including the following:

During several months prior to and during March, 1998, the defendant intentionally...

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