U.S. v. TUCKER

No. 01-4150.

305 F.3d 1193 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey TUCKER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 16, 2002.


Attorney(s) appearing for the Case

Thomas M. Gannon, Attorney, Department of Justice, Criminal Division, Appellate Section, Washington, DC, (Paul M. Warner, United States Attorney, District of Utah; Richard N. Lambert, Assistant United States Attorney, District of Utah, Salt Lake City, UT, with him on the briefs), for Plaintiff-Appellee.

Deirdre A. Gorman, Ogden, UT, for Defendant-Appellant.

Before BRISCOE, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.


MURPHY, Circuit Judge.

I. INTRODUCTION

The appellant, Jeffrey Tucker, was convicted of one count of possession of child pornography, 18 U.S.C. § 2252A(a)(5)(B), and sentenced to sixty months' imprisonment.1 He appeals his conviction on numerous grounds. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

II. FACTS

Tucker was convicted in 1990 in Utah state court for sexually abusing...

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