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U.S. v. VANDERWERFHORST

No. 07-30336.

576 F.3d 929 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jared VANDERWERFHORST, also known as Jared Vandewerfhorst, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2009.

Attorney(s) appearing for the Case

Paula Semmes Deutsch (argued), Corey Endo, Federal Public Defender's Office, Seattle, WA, for defendant-appellant Jared Vanderwerfhorst.

Vincent T. Lombardi (argued), Jeffrey C. Sullivan, Office of the United States Attorney, Seattle, WA, for plaintiff-appellee United States of America.

Before ROBERT R. BEEZER, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

TALLMAN, Circuit Judge:

We are once again asked to review the sentencing procedure where the underlying crime itself is not at issue. Jared Vanderwerfhorst, a convicted sex offender, pled guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). On appeal, he contends that the district court violated the notice requirement of Federal Rule of Criminal Procedure 32(h) when the court imposed a sentence above the...

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