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U.S. v. FOX

No. 00-40034.

248 F.3d 394 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. George Ervin FOX, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 21, 2001.

Attorney(s) appearing for the Case

David Haskell Henderson, Jr. (argued), Asst. U.S. Atty., Beaumont, TX, for Plaintiff-Appellee.

Bruce Wayne Cobb (argued), Conley, Schexnaider & Associates, Beaumont, TX, for Defendant-Appellant.

Before WIENER and STEWART, Circuit Judges, and SMITH, District Judge.

WIENER, Circuit Judge:

In this Internet child pornography case, Defendant-Appellant George Ervin Fox, Jr. ("Fox") challenges on several grounds his conviction and sentencing pursuant to 18 U.S.C. § 2252A, which criminalizes the knowing receipt via computer of any visual depiction that is, "appears to be," or "conveys the impression of" a minor engaging in sexually explicit conduct. For the reasons discussed below, we affirm both Fox's conviction and the sentence...

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