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U.S. v. HORSFALL

No. 08-10739 Non-Argument Calendar.

552 F.3d 1275 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Raymond J. HORSFALL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 19, 2008.

Attorney(s) appearing for the Case

G. Terry Jackson (Court-Appointed), Jackson & Schiavone, Savannah, GA, for Horsfall.

Julie M. Wade, Amy Lee Copeland, U.S. Atty., Savannah, GA, for U.S.

Before CARNES, WILSON and FAY, Circuit Judges.

PER CURIAM:

Raymond J. Horsfall appeals the district court's 327-month sentence imposed after pleading guilty to one count of receiving child pornography, in violation of 18 U.S.C. § 2252A(a)(2). On appeal, Horsfall argues that: 1) the government breached the plea agreement by recommending an upward departure; 2) the court erred by imposing an upward departure under the Guidelines; and 3) the court violated Horsfall's Eighth Amendment rights by considering victim...

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