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U.S. v. McMANUS

No. 12-4901.

734 F.3d 315 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. William Devon McMANUS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 30, 2013.

Attorney(s) appearing for the Case

ARGUED: Eugene Ernest Lester, III , Sharpless & Stavola, PA, Greensboro, North Carolina, for Appellant. Anand P. Ramaswamy , Office of the United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Ripley Rand , United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

Vacated and remanded for resentencing by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Judge WILSON joined.

DUNCAN, Circuit Judge:

William Devon McManus pleaded guilty to one count of Possession of Child Pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) and (b)(2). He was sentenced to 72 months' imprisonment and a subsequent 10 years' supervised release. McManus appeals his sentence on the ground that the district court improperly calculated the applicable Sentencing Guideline range. For the reasons that follow, we vacate...

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