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U.S. v. APODACA

No. 09-50372.

641 F.3d 1077 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel APODACA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2011.

Attorney(s) appearing for the Case

Sean K. Kennedy , Federal Public Defender, and Jonathan D. Libby , Deputy Federal Public Defender, Los Angeles, CA, for the appellant.

Andre Birotte Jr. , United States Attorney, Christine C. Ewell , Assistant United States Attorney, and Stephanie S. Christensen , Assistant United States Attorney, Los Angeles, CA, for the appellee.

Before: RICHARD D. CUDAHY, KIM McLANE WARDLAW and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

CUDAHY, Circuit Judge:

Daniel Apodaca pleaded guilty to one count of possession of child pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B), (b)(2). The district court deviated downward from the United States Sentencing Guidelines' recommendation and sentenced Apodaca to two years imprisonment and lifetime supervised release. Apodaca appeals the supervised release portion of his sentence, arguing that its length was unreasonable and...

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