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U.S. v. JOHNSON

No. 12-5372.

715 F.3d 179 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Robert T. JOHNSON, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Frank W. Heft, Jr. , Office Of The Federal Defender, Louisville, Kentucky, for Appellant. Terry M. Cushing , United States Attorney's Office, Louisville, Kentucky, for Appellee. ON BRIEF: Frank W. Heft, Jr. , Office Of The Federal Defender, Louisville, Kentucky, for Appellant. Monica Wheatley , United States Attorney's Office, Louisville, Kentucky, for Appellee.

SILER, J., delivered the opinion of the court, in which, MARTIN, J., joined, and DONALD, J., joined in the result. DONALD, J. (pp. 183-84), delivered a separate opinion, concurring in the judgment.

OPINION

SILER, Circuit Judge.

In 2009, Appellant Robert T. Johnson Jr. pled guilty to charges of possessing and transmitting child pornography. He appeals, arguing that the district court resentenced him vindictively. For the following reasons, we affirm.

I. BACKGROUND

In 2001, Johnson began communicating online with an individual he believed to be a 14-year-old girl. In reality, that person was an FBI agent posing as an underage female...

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