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U.S. v. FINK

No. 06-3436.

502 F.3d 585 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. William A. FINK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2007.

Attorney(s) appearing for the Case

ARGUED: Michael A. Sullivan, ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, for Appellant. Robert Smith, III, Cleveland, Ohio, for Appellee. ON BRIEF: Michael A. Sullivan, ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, for Appellant. Robert Smith, III, Cleveland, Ohio, for Appellee.

Before: SUHRHEINRICH and GIBBONS, Circuit Judges; HEYBURN, Chief District Judge.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Following a period of FBI surveillance and his subsequent indictment, defendant William A. Fink pled guilty to distribution of child pornography. The district court found the appropriate sentencing range under the Sentencing Guidelines to be 188 to 235 months. The district court sentenced Fink to 70 months imprisonment and five years of supervised release. The government appeals, asserting that the sentence is...

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