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U.S. v. BURKHOLDER

No. 08-50446.

590 F.3d 1071 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis BURKHOLDER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2010.

Attorney(s) appearing for the Case

Thomas P. O'Brien, United States Attorney, Christine C. Ewell, Assistant United States Attorney, and Anne M. Voigts (argued), Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant.

James W. Spertus (argued), Los Angeles, CA, for the defendant-appellee.

Before: MYRON H. BRIGHT HARRY PREGERSON, and RONALD M. GOULD, Circuit Judges.

BRIGHT, Circuit Judge:

In June 2008, appellee Dennis Burkholder pleaded guilty to a single count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). The plea agreement contemplated a sentence of 41 months. At sentencing, the district court struck several written victim impact statements attached to the presentence investigation report (PSR), granted Burkholder a downward variance because of his poor health, and imposed a 30-month sentence...

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