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U.S. v. FREEMAN

No. 01-3475.

316 F.3d 386 (2003)

UNITED STATES of America v. Robb Walker FREEMAN, Appellant

United States Court of Appeals, Third Circuit.

Filed: January 6, 2003.

Attorney(s) appearing for the Case

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Louis D. Lappen, Esquire (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellee.

Robert Epstein, Esquire, Assistant Federal Defender, Jonathan D. Libby, Esquire (Argued), Research & Writing Specialist, David L. McColgin, Esquire, Supervising Appellate Attorney, Maureen Kearney Rowley, Esquire, Chief Federal Defender, Federal Court Division, Defender Association of Philadelphia, Michael J. Kelly, Esquire, Philadelphia, PA, for Appellant.

Before: SLOVITER, ROTH & McKEE, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

Robb Walker Freeman challenges a 70 month sentence that he received after pleading guilty to receipt and possession of child pornography under 18 U.S.C. § 2252(a)(2) & (4)(B). In sentencing, the District Court departed upward from Criminal History Category I to Category III because it believed that Category I under-represented Freeman's criminal history and likelihood of committing future crimes. See...

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