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U.S. v. OLANDER

No. 08-30180.

572 F.3d 764 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. David Lee OLANDER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2009.

Attorney(s) appearing for the Case

Amy Baggio, Federal Public Defender's Office, Portland, OR, for the appellant.

Greg Nylus, Michelle Holman Kerin, Office of the United States Attorney, Portland, OR, for the appellee.

Before WILLIAM A. FLETCHER, CARLOS T. BEA and SANDRA S. IKUTA, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

David Lee Olander appeals the district court's denial of his motion to dismiss the charge against him for receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A). He argues that the sentencing scheme in § 2252A(b) and the legislative histories of the Protection of Children Against Sexual Exploitation Act of 1977; the Child Protection Act of 1984; the Child Protection Restoration and Penalties Enhancement...

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