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U.S. v. GONZALEZ

No. 05-40950.

445 F.3d 815 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Victor M. GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 7, 2006.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, James Lee Turner, Asst. U.S. Attys., Houston, TX, Robert S. Johnson (argued), Laredo, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Sarah Beth Landau (argued), Houston, TX, for Gonzalez.

Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Victor M. Gonzalez pleaded guilty to knowingly possessing a computer containing ten or more images of child pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B), 2252A(b)(2), and 2256(8)(A). Based on the timing of his offense, the district court sentenced Gonzalez in accordance with the 2002 Sentencing Manual, as amended in April 2003.1 Gonzalez's base offense level under U.S.S.G...

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