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U.S. v. SCHALES

No. 07-10288.

546 F.3d 965 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Walter M. SCHALES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submitted and Filed October 20, 2008.

Attorney(s) appearing for the Case

Daniel J. Broderick, Federal Defender, Melody M. Walcott, Assistant Federal Defender (Argued), of Fresno, CA, on behalf of defendant-appellant Walter M. Schales.

McGregor W. Scott, United States Attorney, David L. Gappa, Assistant United States Attorney (Argued), of Fresno, CA, on behalf of plaintiff-appellee The United States of America.

Before: MARY M. SCHROEDER, RICHARD R. CLIFTON, and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

Walter M. Schales ("Schales"), who was forty-five years old at the time of this incident, approached a fourteen-year-old girl at a Wal-Mart store located in Hanford, California, surreptitiously placed a digital camera underneath her miniskirt, and took a photograph. Caught red-handed by another shopper, Schales quickly tried to delete the photographs stored on his camera. Despite Schales's efforts, local law enforcement recovered several pictures...

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