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U.S. v. JOHNSON

No. 04-1463.

427 F.3d 423 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Allan JOHNSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 14, 2005.

Attorney(s) appearing for the Case

Daniel L. Bella, Philip Benson (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

Robert D. Truitt (argued), Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant.

Before CUDAHY, WOOD, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Allan Johnson pleaded guilty to three child pornography charges and now appeals his sentence, which is significantly longer than the guidelines sentencing range because the district court judge exercised his discretion to depart upward from the then-applicable range. Johnson challenges only the district court's decision on upward departure. After United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), his appeal requires...

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