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UNITED STATES v. GRINBERGS

No. 06-2369.

470 F.3d 758 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Karl GRINBERGS, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 12, 2006.

Attorney(s) appearing for the Case

Michael P. Norris argued, Asst. U.S. Attorney, Omaha, NE, for appellant.

David R. Stickman, argued, Federal Public Defender, Omaha, NE, for appellee.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Karl Grinbergs pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). After calculating an advisory guideline range of 46 to 57 months imprisonment, the district court sentenced him to 12 months and a day. The government appeals, and we reverse.

Grinbergs belonged to an online Yahoo group whose members were interested in viewing sexually explicit images of children. An undercover agent for the...

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