U.S. v. DEMERRITT

Docket No. 99-1066

196 F.3d 138 (1999)

UNITED STATES of America, Appellee, v. Geoffrey DEMERRITT, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 19, 1999.


Attorney(s) appearing for the Case

William M. Schrier, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney for the Southern District of New York, and Cathy Seibel, Assistant United States Attorney for the Southern District of New York, of counsel), for Appellee.

Henriette D. Hoffman, Federal Defender Division Appeals Bureau, Legal Aid Society, New York, NY, for Defendant-Appellant.

Before: OAKES, KEARSE, and CABRANES, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

The question presented, as a matter of first impression for this Court, is whether a computer graphics file is an "item" within the meaning of U.S.S.G. § 2G2.4(b)(2), so that a defendant who possesses ten computer files depicting images of child pornography receives a two-level upward enhancement in his base offense level for sentencing purposes. Defendant-Appellant Geoffrey Demerritt appeals from a sentence imposed by the...

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