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U.S. v. NUNEMACHER

No. 02-3380.

362 F.3d 682 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Michael R. NUNEMACHER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 30, 2004.

Attorney(s) appearing for the Case

Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice, Washington, DC (Eric F. Melgren, United States Attorney for the District of Kansas; Nancy Landis Caplinger and Alan G. Metzger, Assistant United States Attorneys for the District of Kansas, Wichita, KS, with him on the briefs), for Plaintiff-Appellant.

Stephen M. Joseph of Joseph & Hollander, P.A., Wichita, KS, for Defendant-Appellee.

Before SEYMOUR, McKAY, and O'BRIEN, Circuit Judges.

McKAY, Circuit Judge.

This is an appeal by the Government of the district court's decision to depart downward from the applicable Guideline sentencing range in a child pornography case. At the time of the offense, in April 2001, the Defendant was a sophomore at college living in the dormitory. The record reflects that, for a period of a few weeks, he possessed and distributed child pornography on his computer. During the...

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