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U.S. v. NEAL

No. 00-6085.

249 F.3d 1251 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Glen Ray NEAL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 18, 2001.

Attorney(s) appearing for the Case

Teresa Brown, Assistant Federal Public Defender (William P. Earley, Assistant Federal Public Defender, on the brief), Oklahoma City, Oklahoma, for Defendant-Appellant.

Edward J. Kumiega, Assistant U.S. Attorney (Daniel G. Webber, Jr., United States Attorney, with him on the brief), Office of the U.S. Attorney, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before LUCERO and McKAY, Circuit Judges, and BROWN, District Judge.

McKAY, Circuit Judge.

Defendant-Appellant Glen Ray Neal pleaded guilty to possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). At sentencing, the district court departed upward from the applicable sentencing guideline based on Appellant's "engag[ing] in a pattern of activity involving the sexual abuse or exploitation of a minor," a specific offense characteristic under the child pornography trafficking...

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