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U.S. v. SMITH

No. 03-13639.

402 F.3d 1303 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 18, 2005.

Attorney(s) appearing for the Case

Michael G. Nichola (Court-Appointed), Orlando, FL, for Defendant-Appellant.

Tamra Phipps, Karin B. Hoppmann, Asst. U.S. Atty., Tampa, FL, for Plaintiff-Appellee.

Before TJOFLAT, RONEY and HILL, Circuit Judges.

TJOFLAT, Circuit Judge:

On February 5, 2003, following a jury trial in the United States District Court for the Middle District of Florida, Alvin Smith was convicted of one count of producing child pornography in violation of 18 U.S.C. § 2251(a)1 and one count of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B).2 The court sentenced him to 188 months in prison and 60 months...

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