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U.S. v. BAHR

No. 12-30218.

730 F.3d 963 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Roosevelt BAHR, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2013.

Attorney(s) appearing for the Case

Thomas J. Hester , Assistant Federal Public Defender, Portland, OR, for Defendant-Appellant.

Gary Y. Sussman , Assistant United States Attorney, Portland, OR, for Plaintiff-Appellee.

Before: ALFRED T. GOODWIN, STEPHEN REINHARDT, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

GOODWIN, Senior Circuit Judge:

Defendant Richard Bahr, Jr. appeals the 240-month concurrent sentences he received after pleading guilty to two counts of possessing child pornography. Because the district court erroneously considered Bahr's statements made during an earlier period of post-prison supervision, we vacate the sentence and remand.

I. BACKGROUND

In 2003, Bahr was convicted of third degree rape under Oregon state law. Upon...

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