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U.S. v. BECKER

No. 10-2263.

636 F.3d 402 (2011)

UNITED STATES of America, Appellee, v. David Mills BECKER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 11, 2011.

As Corrected April 15, 2011.

Attorney(s) appearing for the Case

William D. Schmidt , AFPD, argued, Orell D. Schmitz , AFPD, on the brief, Bismarck, ND, for appellant.

Nicholas W. Chase , AUSA, argued, Fargo, ND, Gary L. Delorme , AUSA, on the brief, Bismarck, ND, for appellee.

Before RILEY, Chief Judge, WOLLMAN, Circuit Judge, and KYLE, District Judge.

KYLE, District Judge.

David Becker appeals his sentence of 210 months in prison for sexual exploitation of his minor daughter. He argues that the district court2 (1) violated Federal Rule of Criminal Procedure 32 by relying upon undisclosed information about the North Dakota Board of Parole in fashioning its sentence, and (2) failed to consider the requirements of Sentencing Guideline § 5G1.3(b). We find no merit to either contention...

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