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U.S. v. PARISH

No. 01-30017.

308 F.3d 1025 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Robert PARISH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 18, 2002.

Attorney(s) appearing for the Case

Marsha Good Sept, Assistant United States Attorney, Billings, MT, for the plaintiff-appellant.

John P. Rhodes, Assistant Federal Defender, Missoula, MT, for the defendant-appellee.

Before CANBY, KLEINFELD, and GRABER, Circuit Judges.

OPINION

CANBY, Circuit Judge.

The United States appeals the district court's decision to grant defendant Robert Parish an eight-level downward departure from the sentence prescribed by the Sentencing Guidelines after Parish pleaded guilty to two counts of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). In imposing the sentence, the district court gave two reasons for its downward departure. First, the district court found...

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