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U.S. v. STOUT

No. 06-6353.

509 F.3d 796 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Michael STOUT, a/k/a Michael Pletz, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 20, 2007.

Attorney(s) appearing for the Case

ARGUED: Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellant. Joseph E. Blandford, Jr., Landward House, Louisville, Kentucky, for Appellee. ON BRIEF: Terry M. Cushing, Jo E. Lawless, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellant. Joseph E. Blandford, Jr., Landward House, Louisville, Kentucky, for Appellee.

Before: KENNEDY, GIBBONS, and McKEAGUE, Circuit Judges.

KENNEDY, J., delivered the opinion of the court, in which GIBBONS, J., joined. McKEAGUE, J. (804-08), delivered a separate dissenting opinion.

OPINION

KENNEDY, Circuit Judge.

Defendant Michael Stout is charged with receipt and possession of sexually explicit visual depictions of minors under 18 U.S.C. §§ 2252A(a)(2)(B) & 2252A(b)(1) (receipt) and §§ 2252A(a)(5)(B) & 2252A(b)(2) (possession). Before trial, the government...

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