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U.S. v. REARDEN

No. 02-50311.

349 F.3d 608 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Chance REARDEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2003.

Attorney(s) appearing for the Case

Jonathan D. Libby, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellant.

Ronald L. Cheng and John B. Owens, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee.

Before J. CLIFFORD WALLACE, PAMELA ANN RYMER, and RICHARD C. TALLMAN, Circuit Judges.

Argued and Submitted October 9, 2003 — Pasadena, California.

OPINION

RYMER, Circuit Judge:

Chance Rearden appeals from his conviction and sentence following a bench trial for shipping child pornography (over the Internet) in violation of 18 U.S.C. § 2252A(a)(1). He contends that in light of Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S.Ct. 1389, 152 L.Ed.2d 403 (2002), there was insufficient...

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