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U.S. v. TURCHEN

No. 98-2718.

187 F.3d 735 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur J. TURCHEN, also known as Arturo and R2RO, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 1999.

Attorney(s) appearing for the Case

Timothy M. O'Shea (argued), Peggy A. Lautenschlager, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Ronald G. Benavides (argued), Madison, WI, for Defendant-Appellant.

Before CUDAHY, RIPPLE and DIANE P. WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

Arthur Turchen pleaded guilty to one count of transportation of child pornography in interstate commerce, in violation of 18 U.S.C. § 2252(a)(1). The indictment alleged that he sent, over the internet, three image files of photographs. At sentencing, the district court focused its attention on one of the photographs. The court increased Mr. Turchen's sentence by four levels on the ground that the photograph was sadistic or masochistic....

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