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U.S. v. JONES

No. 05-60152.

444 F.3d 430 (2006)

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

United States Court of Appeals, Fifth Circuit.

March 27, 2006.

Attorney(s) appearing for the Case

Paul David Roberts, Asst. U.S. Atty. (argued), Oxford, MS, for Plaintiff-Appellee.

Thomas Constantine Levidiotis (argued), Oxford, MS, for Defendant-Appellant.

Before BENAVIDES, STEWART and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Robert Jones pleaded guilty to possession of child pornography in violation of 18 U.S.C § 2252A(a)(5)(B). At sentencing, which occurred after the United States Supreme Court decided United States v. Booker,1 the district court sentenced Jones to the statutory maximum prison term of 120 months,2 which was beyond the 46-to-57 month range calculated under the Guidelines. Jones...

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