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U.S. v. McNERNEY

No. 09-4011.

636 F.3d 772 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy McNERNEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 1, 2011.

Attorney(s) appearing for the Case

ARGUED: Darin G. Thompson , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Carol M. Skutnik , Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Darin G. Thompson , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Carol M. Skutnik , Assistant United States Attorney, Cleveland, Ohio, for Appellee.

CLAY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. ROGERS, J. (p. 781), delivered a separate concurring opinion.

OPINION

CLAY, Circuit Judge.

Defendant Timothy McNerney appeals his sentence of 120 months of incarceration, followed by 10 years of supervised release. The district court sentenced Defendant on August 12, 2009 following Defendant's guilty plea to one count of receiving and distributing visual depictions of real minors engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(2), and one count of possession of child pornography in violation...

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