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U.S. v. DAVENPORT

No. 06-30596.

519 F.3d 940 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Winston DAVENPORT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2008.

Attorney(s) appearing for the Case

Darla J. Mondou, Marana, AZ, for the defendant-appellant.

Marcia Hurd and Eric B. Wolff, U.S. Attorney's Office, Billings, MT, for plaintiff-appellee United States of America.

Before: WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

Opinion by Judge GOULD; Dissent by Judge GRABER.

GOULD, Circuit Judge:

Winston Davenport appeals the district court's denial of Davenport's motion to withdraw his guilty plea and the sentence that the district court imposed on him for one count of receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2) and one count of possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). After the district court denied Davenport's...

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