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U.S. v. ALLDAY

No. 07-2698.

542 F.3d 571 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert W. ALLDAY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 5, 2008.

Attorney(s) appearing for the Case

Joshua P. Kolar (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

Kerry C. Connor (argued), Indiana Federal Community, Hammond, IN, for Defendant-Appellant.

Before CUDAHY, POSNER, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

Gilbert W. Allday pleaded guilty to one count of violating 18 U.S.C. § 2252(a)(2) by receiving sexually explicit images and videos of minors on his home computer. The district court sentenced him to 97 months imprisonment, the bottom of the 97 to 121-month range recommended by the United States Sentencing Guidelines. He appeals, arguing that the district court improperly applied a presumption in favor of the Guidelines at sentencing. Because...

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