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U.S. v. SPRIGGS

No. 10-14919.

666 F.3d 1284 (2012)

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

United States Court of Appeals, Eleventh Circuit.

January 10, 2012.

Attorney(s) appearing for the Case

Harriett Galvin , Stephen Schlessinger , Anne R. Schultz , Wifredo A. Ferrer , Kathleen Mary Salyer , Miami, FL, Carmen M. Lineberger , Fort Pierce, FL, for Plaintiff-Appellee.

Bernardo Lopez , Fed. Pub. Def., Fort Lauderdale, FL, Michael Caruso , Fed. Pub. Def., Miami, FL, Robin Cindy Rosen-Evans , Fed. Pub. Def., West Palm Beach, FL, for Defendant-Appellant.

Before WILSON and COX, Circuit Judges, and RESTANI, Judge.

WILSON, Circuit Judge.

Appellant Timothy Spriggs pled guilty to one count of receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2). At sentencing, over Spriggs's objection, the district court applied a five-level enhancement for distribution of illicit images for the receipt, or expectation of receipt, of a non-pecuniary thing of value. See U.S. SENTENCING GUIDELINES MANUAL § 2G2.2(b)(3)(B) (2010). Spriggs argues that no evidence supports...

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