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U.S. v. BROOKS

No. 04-4255.

427 F.3d 1246 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Brent Ray BROOKS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 2005.

Attorney(s) appearing for the Case

Steven B. Killpack, Federal Public Defender (Scott Keith Wilson, Assistant Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Salt Lake City, UT, for Defendant-Appellant.

Paul G. Amann, Special Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the brief), Office of the United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee.

Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Brent Ray Brooks was indicted for receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A), possession of child pornography in violation of 18 U.S.C. § 2252A(5)(B), and distribution of child pornography in violation of 18 U.S.C. § 2252A(a)(1). He entered a conditional plea of guilty to the charge of possession of child pornography and preserved his right to appeal the district court's denial of

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