U.S. v. METZENER

No. 09-1182.

584 F.3d 928 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. David Gary METZENER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 2009.


Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Federal Public Defender, (Raymond P. Moore, Federal Public Defender, Denver, CO, with her on the brief) for Defendant-Appellant David Gary Metzener.

Michael C. Johnson, Assistant United States Attorney, (David M. Gaouette, Acting United States Attorney, Denver, CO, with him on the brief) for Plaintiff-Appellee United States of America.

Before KELLY, EBEL, and TYMKOVICH, Circuit Judges.


EBEL, Circuit Judge.

On January 14, 2003, Defendant-Appellant David Gary Metzener pleaded guilty to knowingly receiving child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A). Mr. Metzener was sentenced to thirty-three months imprisonment to be followed by a three-year term of supervised release. As a condition of his supervision, the court required him to "participate in an approved program of sex offender evaluation and treatment, which may include polygraph...

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