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U.S. v. RUDZAVICE

No. 08-10791.

586 F.3d 310 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James L. RUDZAVICE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 21, 2009.

Attorney(s) appearing for the Case

Matthew Joseph Kacsmaryk, Dallas, TX, for U.S.

Jason Douglas Hawkins, Fed. Pub. Def., Dallas, TX, for Rudzavice.

Before HIGGINBOTHAM, STEWART and OWEN, Circuit Judges.

OWEN, Circuit Judge:

James Rudzavice was convicted in a bench trial for one count of knowingly receiving child pornography in violation of 18 U.S.C. § 2252(a)(2) and one count of attempting to transfer obscene material to a minor under the age of 16 in violation of 18 U.S.C. § 1470. On appeal, Rudzavice argues that: (1) the district court erred in refusing to acquit him of the charge of violating § 1470 because he did not attempt to transfer obscene...

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