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U.S. v. GARNER

No. 06-10417.

490 F.3d 739 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. James R. GARNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2007.

Attorney(s) appearing for the Case

Caro Marks, Assistant Federal Defender, Sacramento, CA, for the appellant.

Camil A. Skipper, Assistant U.S. Attorney, Sacramento, CA, for the appellee.

Before: B. FLETCHER, EUGENE E. SILER, JR., and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge.

This appeal tests the temporal and relational limits of prior conduct as a sentencing enhancement. In it, James Garner ("Garner"), sentenced to 262 months following his guilty plea conviction for two counts of attempted receipt of visual depictions of a minor engaged in sexually explicit conduct and six counts of distribution of visual depictions of a minor engaged in sexually explicit conduct, all in violation of 18 U.S.C. §...

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