U.S. v. STRICKLAND

No. 08-30091.

556 F.3d 1069 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis STRICKLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2009.


Attorney(s) appearing for the Case

Michael Donahoe, Federal Defenders of Montana, Helena, MO, for the defendant-appellant.

Marcia Hurd and Eric B. Wolff, Assistant United States Attorneys, Billings, MO, for the plaintiff-appellee.

Before: THOMAS M. REAVLEY, Senior Circuit Judge, RICHARD C. TALLMAN and MILAN D. SMITH, JR., Circuit Judges.


REAVLEY, Senior Circuit Judge:

Dennis Strickland appeals following his guilty-plea conviction for receipt and possession of child pornography. He challenges the Government's proof at sentencing that a prior Maryland conviction for child abuse was a predicate offense relating to sexual abuse under 18 U.S.C. § 2252A(b)(1) and (2) resulting in an increased statutory minimum and maximum sentence. We conclude that the district court properly applied the modified categorical...

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