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U.S. v. THOMPSON

No. 01-30279.

315 F.3d 1071 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Aaron THOMPSON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2002.

Attorney(s) appearing for the Case

William W. Mercer, United States Attorney, and Marcia Good Sept, Assistant U.S. Attorney, Billings, MT, for plaintiff-appellant United States of America.

Wendy Holton, Attorney at Law, Helena, MT, for defendant-appellee Aaron Thompson.

Before BEEZER, GOULD, and BERZON, Circuit Judges.

GOULD, Circuit Judge:

The government appeals the district court's sentencing of Aaron Thompson to forty-four months for possession and distribution of child pornography in violation of 18 U.S.C. §§ 2252A(a)(2) and 2252A(a)(5)(B). The issue is whether the extent of the district court's downward departure from the United States Sentencing Guidelines was reasonable in light of the rationale given for the departure. The district court's basis for departure was...

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