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U.S. v. PAULEY

No. 07-4270.

511 F.3d 468 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Larry PAULEY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 2007.

Attorney(s) appearing for the Case

ARGUED: Robert Booth Goodwin, II, Assistant United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellant. Benjamin Lee Bailey, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee. ON BRIEF: Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellant. Eric B. Snyder, Deirdre H. Purdy, Bailey & Glasser, L.L.P., Charleston, West Virginia, for Appellee.

Before WILLIAMS, Chief Judge, MOTZ, Circuit Judge, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Chief Judge WILLIAMS and Judge MOTZ joined.

OPINION

HAMILTON, Senior Circuit Judge:

Larry Pauley pled guilty to one count of possessing photographs that contained images of child pornography, 18 U.S.C. § 2252A(a)(5)(B). At sentencing, the district court determined that Pauley's Guidelines range was 78 to 97 months' imprisonment. After considering this range in conjunction...

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