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U.S. v. CANNEL

No. 06-30590.

517 F.3d 1172 (2008)

United States of America, Plaintiff-Appellee, v. James N. CANNEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2008.

Attorney(s) appearing for the Case

Tracy A. Staab, Research and Writing Attorney, Federal Defenders of Eastern Washington & Idaho, Spokane, WA, for the defendant-appellant.

K. Jill Bolton, Assistant United States Attorney, United States Attorney's Office, Spokane, WA, for the plaintiff-appellee.

Before: M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Opinion by Judge SCHWARZER; Concurrence by Judge CLIFTON.

SCHWARZER, Senior District Judge:

James N. Cannel appeals the sentence of 72 months' imprisonment for possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). On this appeal, Cannel 1912 contends for the first time that the government breached the plea agreement. We review for plain error and find that the government did not breach the plea agreement with Cannel. We therefore...

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