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U.S. v. SIMARD

No. 12-3968-cr.

731 F.3d 156 (2013)

UNITED STATES of America, Appellee, v. Shawn SIMARD, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 10, 2013.

Attorney(s) appearing for the Case

Barclay T. Johnson , for Michael L. Desautels , Federal Public Defender, Office of the Federal Public Defender, for the District of Vermont, Burlington, VT, for Shawn Simard.

Barbara A. Masterson ( Gregory L. Waples , on the brief), Assistant United States Attorneys, for Tristram J. Coffin , United States Attorney, United States Attorney's Office for the District of Vermont, Burlington, VT, for the United States of America.

Before: CALABRESI, CABRANES, and SACK, Circuit Judges.

PER CURIAM:

Defendant-appellant Shawn Simard appeals from an August 15, 2012 judgment of the United States District Court for the District of Vermont (William K. Sessions, III, Judge) sentencing him to 121 months' imprisonment after he pleaded guilty to possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4). In sentencing Simard, the District Court considered whether Simard's prior conviction in Vermont state court for "lewd or lascivious...

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