U.S. v. BERK

No. 09-2472.

652 F.3d 132 (2011)

UNITED STATES of America, Appellee, v. Michael A. BERK, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 27, 2011.


Attorney(s) appearing for the Case

Jeanne M. Kempthorne for appellant.

Margaret D. McGaughey, Assistant United States Attorney, with whom Thomas E. Delahanty II, United States Attorney, was on brief, for appellee.

Before BOUDIN, STAHL and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

In December 2008, a grand jury in the District of Maine charged Michael Berk with two counts of attempting to entice a minor to engage in sexual conduct and one count of possession of child pornography. Berk pled guilty to the pornography charge, and he was convicted of the two child enticement charges after a bench trial. He was sentenced to 200 months in prison. Two claims are pressed on appeal. First...

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