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U.S. v. MUELLER

No. 05-10180.

463 F.3d 887 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Remy MUELLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2006.

Attorney(s) appearing for the Case

Howard Trapp (argued), Howard Trapp Incorporated, Hagåtña, GU, for the defendant-appellant.

Leonardo M. Rapadas, United States Attorney, Districts of Guam and the NMI; Karen V. Johnson (argued), Assistant United States Attorney, Hagåtña, GU, for the plaintiff-appellee.

Before MYRON H. BRIGHT, M. MARGARET McKEOWN, and RICHARD R. CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge.

The question presented in this case is whether the district court is authorized to order probation under the probation statute, 18 U.S.C. § 3561, for a defendant convicted of receiving child pornography in violation of 18 U.S.C. § 2252, which provides for a mandatory minimum sentence of incarceration. Section 2252 establishes a mandatory minimum sentence of five years of incarceration but...

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