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U.S. v. THOMPSON

Nos. 00-5206, 00-5237.

281 F.3d 1088 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Wayne THOMPSON; Robert John Naus, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 14, 2002.

Attorney(s) appearing for the Case

Jack Schisler, Assistant Federal Public Defender (Stephen J. Knorr, Federal Public Defender, with him on the brief), Office of the Federal Public Defender, Tulsa, OK, for Defendants-Appellants.

Neal B. Kirkpatrick, Assistant United States Attorney (Thomas Scott Woodward, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.

Before SEYMOUR, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KELLY, Circuit Judge.

PAUL KELLY, JR., Circuit Judge.

This decision consolidates two cases from the Northern District of Oklahoma. Larry Wayne Thompson and Robert John Naus appeal their sentences for knowingly possessing "any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography...." 18 U.S.C. § 2252A(a)(5)(B). The sole issue on appeal is whether the district court erred in sentencing by applying a two-level enhancement...

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