U.S. v. ROWAN

No. 05-30536.

530 F.3d 379 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Richard ROWAN, II, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 2008.


Attorney(s) appearing for the Case

Camille Ann Domingue, Asst. U.S. Atty. (argued), Lafayette, LA, for U.S.

Rebecca L. Hudsmith, Fed. Pub. Def. (argued), Joseph R. Streva, Jr., Lafayette, LA, for Rowan.

Before JOLLY, GARZA and PRADO, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

We hereby withdraw the previous panel opinion,1 and we substitute the following in its place:

Plaintiff-Appellant (the "Government") appeals the District Court decision sentencing Defendant-Appellee Richard Rowan, II ("Rowan") to a sixty-month period of probation following his conviction for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). We AFFIRM.

Rowan...

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