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U.S. v. OWENS

No. 09-1279.

585 F.3d 1055 (2009)

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

United States Court of Appeals, Seventh Circuit.

Decided November 6, 2009.

Attorney(s) appearing for the Case

Gayle Helart (argued), Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

William H. Dazey, Jr. (argued), Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.

Before RIPPLE, KANNE, and SYKES, Circuit Judges.

KANNE, Circuit Judge.

James Owens pled guilty to transportation of child pornography in violation of 18 U.S.C. § 2252(a)(1) and (b)(1) and possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). Owens's plea agreement included a stipulation of the sentencing guidelines offense level calculation, including all aggravating and mitigating sentencing factors, except for one enhancement. The parties could not agree on the applicability...

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