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U.S. v. OAKES

No. CRIM 00-76-PC.

411 F.Supp.2d 1 (2006)

UNITED STATES of America v. David J. OAKES, Defendant

United States District Court, D. Maine.

January 20, 2006.

Attorney(s) appearing for the Case

David J Oakes, Auburn, Pro Se, Peter E. Rodway, Rodway & Horodyski, William Maselli, Law Office of William Maselli, Portland, ME, for David J Oakes, Defendant.

F. Mark Terison, Office of the U.S. Attorney, District of Maine, George T. Dilworth, Office of the U.S. Attorney, District of Maine, Portland, ME, for USA, Plaintiff.

ORDER DENYING § 2255 MOTION TO VACATE, CORRECT OR SET ASIDE

CARTER, Senior District J.

David J. Oakes pled guilty to one count of knowingly receiving child pornography and was sentenced to a 54-month term of incarceration See 18 U.S.C. § 2252A(a)(2)(A). Oakes appealed solely on sentence-related grounds. During the pendency of that appeal, the Supreme Court decided Ashcroft v. Free Speech Coalition, 535 U.S. 234

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