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U.S. v. GARCIA

No. 04-8012.

411 F.3d 1173 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Martin GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 15, 2005.

Attorney(s) appearing for the Case

George W. Aristotelidis, San Antonio, TX, for Defendant-Appellant.

James C. Anderson, Assistant United States Attorney, (Matthew H. Mead, United States Attorney, District of Wyoming, with him on the brief) Cheyenne, WY, for Plaintiff-Appellee.

Before O'BRIEN, ANDERSON, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Martin Garcia pleaded guilty to charges of interstate transportation of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(1) and (b)(1). Pursuant to the then-mandatory Federal Sentencing Guidelines, the district court applied the cross-reference found at U.S.S.G. § 2G2.2(c)(1) and, after applying two sentence enhancements and one sentence reduction, determined that Mr. Garcia's final base offense level was 30. The district...

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