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U.S. v. WHITESELL

No. 02-12655. Non-Argument Calendar.

314 F.3d 1251 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond WHITESELL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 17, 2002.

Attorney(s) appearing for the Case

Christine A. Freeman, Fed. Def., Montgomery, AL, for Defendant-Appellant.

Tommie Brown Hardwick, Montgomery, AL, for Plaintiff-Appellee.

Before CARNES, WILSON and FAY, Circuit Judges.

PER CURIAM:

Raymond Whitesell pled guilty to possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B), and he was sentenced to five years' imprisonment. In determining Whitesell's sentence, the district court noted that the applicable guideline for Whitesell's offense was U.S.S.G. § 2G2.4, but applied the cross-reference, § 2G2.4(c)(1), which states that "[i]f the offense involved causing ... a minor to engage in sexually explicit...

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