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U.S. v. FARRELLY

Nos. 03-5825, 03-5928.

389 F.3d 649 (2004)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. John Patrick FARRELLY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 25, 2004.

Attorney(s) appearing for the Case

ARGUED: Frank P. Campisano, Law Office of Frank Campisano, Louisville, Kentucky, for Appellant. Monica Wheatley, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Candace G. Hill, Terry M. Cushing, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: KEITH, MARTIN, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

John Patrick Farrelly was convicted of one count of receiving child pornography and was sentenced to 57 months' imprisonment. Because there was sufficient evidence that the pornographic images that Farrelly received were of real children, we AFFIRM Farrelly's conviction. However, because the district court applied the wrong sentencing guideline for conduct that did not amount to trafficking in child pornography, we REVERSE...

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