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U.S. v. BLACKIE

No. 07-2002.

548 F.3d 395 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Kerry Vaughn BLACKIE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2008.

Attorney(s) appearing for the Case

ON BRIEF: Brian Patrick Morley, Fraser, Trebilcock, Davis & Dunlap, Lansing, Michigan, for Appellant. Julie Ann Woods, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

ALDRICH, D.J., delivered the opinion of the court, in which MOORE, J., joined. SUTTON, J. (p. 404), delivered a separate opinion concurring in part and concurring in the judgment.

OPINION

ANN ALDRICH, District Judge.

Kerry Blackie pled guilty to a single count of possession of visual depictions of minors engaging in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). The district court imposed a sentence of 42 months, which is outside the advisory Sentencing Guidelines range. Blackie appeals his sentence, alleging that the district court: (1) improperly considered...

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