U.S. v. HOEY

No. 07-1454.

508 F.3d 687 (2007)

UNITED STATES of America, Appellee, v. Russell R. HOEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 29, 2007.


Attorney(s) appearing for the Case

Mary Davis with whom Tisdale & Davis, P.A., was on brief, for appellant.

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, U.S. Attorney, was on brief, for appellee.

Before LYNCH, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.


LYNCH, Circuit Judge.

Two issues of law are raised as to the interpretation of the sentencing guideline, U.S.S.G. § 2G2.2(b)(4), for possession of sadistic or masochistic child pornography.

Russell Hoey appeals from his sixty-three month sentence, but not from his conviction, for possession of child pornography. He primarily objects to the sentencing judge's application of a four-level increase under U.S.S.G. § 2G2.2(b)(4) for possession of material...

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