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U.S. v. MORACE

No. 09-4007.

594 F.3d 340 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher Allen MORACE, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 11, 2010.

Attorney(s) appearing for the Case

ARGUED: Joe Exum, Jr., Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Eric Joseph Brignac, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee. ON BRIEF: George E.B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Office of the United States Attorney, Raleigh, North Carolina, for Appellant. Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Judge DUNCAN and Senior Judge ELLIS joined.

OPINION

SHEDD, Circuit Judge:

Christopher Allen Morace pled guilty to one count of possessing child pornography. See 18 U.S.C. § 2252(a)(4)(B). Varying downward from the 41-51 month advisory sentencing range, the district court sentenced Morace to five years of probation and ordered him to pay a $3,000 fine. The government now argues that the sentence is unreasonable. For the following reasons, we vacate the sentence and remand this case for...

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