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U.S. v. SMART

No. 06-6120.

518 F.3d 800 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher Wayne SMART, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 4, 2008.

Attorney(s) appearing for the Case

Randal A. Sengel, Office of the United States Attorney, Oklahoma City, Oklahoma (John C. Richter, United States Attorney, with him on the briefs), for the Plaintiff-Appellant.

Fred L. Staggs, Oklahoma City, Oklahoma, for the Defendant-Appellee.

Before HENRY, LUCERO, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

Christopher Wayne Smart was convicted of inducing a minor to engage in sexually explicit conduct for the purpose of producing videotapes depicting such conduct in violation of 18 U.S.C. § 2251(a). Exercising its discretion under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Smart's sentencing court concluded that his United States Sentencing Guidelines ("Guidelines"...

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