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U.S. v. STALL

No. 08-4064.

581 F.3d 276 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Adam STALL, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2009.

Attorney(s) appearing for the Case

ARGUED: Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Scott Aaron Rubenstein, Rubenstein & Thurman, L.P.A. Inc., Cincinnati, Ohio, for Appellee. ON BRIEF: Benjamin C. Glassman, Assistant United States Attorney, Cincinnati, Ohio, for Appellant. Scott Aaron Rubenstein, Rubenstein & Thurman, L.P.A. Inc., Cincinnati, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court, in which WHITE, J., joined. ROGERS, J. (p. 290), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Adam Stall pleaded guilty to two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4). After observing that Stall had no criminal history and properly determining that the Sentencing Guidelines advised a range of 57-71 months of imprisonment, the district court sentenced Stall to only one day of incarceration and a ten-year period of supervised release...

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