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U.S. v. CHERRY

No. 06-5579.

487 F.3d 366 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Andy CHERRY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 11, 2007.

Attorney(s) appearing for the Case

ARGUED: Madison T. Sewell, Assistant United States Attorney, Louisville, Kentucky, for Appellant. Michael R. Mazzoli, Cox & Mazzoli, Louisville, Kentucky, for Appellee. ON BRIEF: Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellant. Michael R. Mazzoli, Cox & Mazzoli, Louisville, Kentucky, for Appellee.

Before: DAUGHTREY and ROGERS, Circuit Judges; OBERDORFER, District Judge.

OPINION

ROGERS, Circuit Judge.

The Government appeals the below-Guidelines sentence that the district court imposed on defendant Andy Cherry as a result of Cherry's guilty plea to four counts of distributing child pornography, nine counts of receiving child pornography, and one count of possessing child pornography. The applicable Guidelines range called for a sentence of 210 to 262 months' imprisonment. The...

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