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U.S. v. SHARPLEY

Docket No. 04-2934-CR, 04-2935-CR.

399 F.3d 123 (2005)

UNITED STATES of America, Appellee, v. Rod M. SHARPLEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: February 16, 2005.

Attorney(s) appearing for the Case

James E. Long, Albany, NY, for Defendant-Appellant.

Robert P. Storch, Senior Litigation Counsel, Glen T. Suddaby, United States Attorney for the Northern District of New York, Thomas Spina, Jr., Assistant United States Attorney, for Appellee.

Before: WINTER and POOLER, Circuit Judges, and BRIEANT, District Judge.

POOLER, Circuit Judge.

Defendant-appellant Rod Sharpley pleaded guilty to two counts of sexual exploitation of a child for production of visual material in violation of 18 U.S.C. § 2251 and one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).1 In his plea agreement, Sharpley reserved the right to appeal two issues: 1) whether the enactment of the statute governing the child pornography...

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