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U.S. v. HECHT

No. 05-4939.

470 F.3d 177 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Jay HECHT, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 4, 2006.

Attorney(s) appearing for the Case

ARGUED: Clarence Rauch Wise, Greenwood, South Carolina, for Appellant.

Maxwell Barnes Cauthen, III, Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: Jonathan S. Gasser, United States Attorney, Greenville, South Carolina, for Appellee.

Before WILLIAMS and KING, Circuit Judges, and JAMES C. DEVER III, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed in part and vacated and remanded by published opinion. Judge DEVER wrote the opinion, in which Judge WILLIAMS and Judge KING joined.

OPINION

DEVER, District Judge.

Robert Hecht pleaded guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), and the district court sentenced him to 33 months in prison. Hecht appeals his sentence and contends that the district court erred in two ways. First, he contends that...

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