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U.S. v. ROGERS

No. 04-2563.

423 F.3d 823 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Wayne ROGERS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2005.

Attorney(s) appearing for the Case

Lawrence E. Miller, U.S. Attorney's Office, Jefferson City, MO, for Plaintiff-Appellee.

Before LOKEN, Chief Judge, FAGG and BYE, Circuit Judges.

LOKEN, Chief Judge.

Jack Wayne Rogers pleaded guilty to two counts of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) & (b)(2); five counts of distribution of child pornography in violation of 18 U.S.C. § 2252(a)(1) & (b)(1); and three counts of distribution of obscene materials in violation of 18 U.S.C. § 1462. At a sentencing hearing held prior to the Supreme Court's decision in Blakely v. Washington,

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