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U.S. v. McCOY

No. 01-50495.

323 F.3d 1114 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rhonda Anne McCOY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 2003.

Attorney(s) appearing for the Case

Angela M. Krueger, Federal Defenders of San Diego, Inc, San Diego, CA, for the defendant-appellant.

Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), Anne K. Perry, Assistant United States Attorney, Appellate Section, Criminal Division, San Diego, CA, for the plaintiff-appellee.

Before REINHARDT, TROTT and TASHIMA, Circuit Judges.

Opinion by Judge REINHARDT; Dissent by Judge TROTT.

OPINION

REINHARDT, Circuit Judge.

Appellant Rhonda McCoy entered a conditional plea of guilty to possession of child pornography after photo shop employees discovered a picture of her and her daughter with their genital areas exposed. Specifically, she reserved the right to appeal on constitutional grounds the denial of her motion to dismiss the charges against her. In her appeal, McCoy challenges...

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