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U.S. v. OVERTON

No. 08-30075.

567 F.3d 1148 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Merle OVERTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2009.

Attorney(s) appearing for the Case

Anthony R. Gallagher, Office of the Federal Public Defenders for the District of Montana, Great Falls, MT, for the defendant-appellant.

Eric B. Wolff (argued), Marcia Hurd, Assistant United States Attorneys, and William W. Mercer, United States Attorney for the District of Montana, Billings, MT, for the plaintiff-appellee.

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

TALLMAN, Circuit Judge:

Following a two-day bench trial before the Honorable Donald W. Molloy in the District of Montana, Walter Merle Overton was convicted on two counts of sexual exploitation of a minor in violation of 18 U.S.C. § 2251(a) and (b), and on separate counts of receipt of child pornography and possession of child pornography in violation of 18 U.S.C. § 2252A(a)(2) and (a)(5)(B), respectively. The district court sentenced Overton to a term of...

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