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U.S. v. RAMOS

No. 11-51232.

739 F.3d 250 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Cruz Andres RAMOS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 2014.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, Austin Maxwell Berry , Assistant U.S. Attorney, U.S. Attorney's Office, Midland, TX, Diane D. Kirstein , U.S. Attorney's Office Western, District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell , Assistant Federal Public Defender, Donna F. Coltharp , Assistant Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, Henry Joseph Bemporad , Federal Public Defender, Federal Public Defender's Office, El Paso, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, OWEN, AND HIGGINSON, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Cruz Andres Ramos pleaded guilty to one count of receipt of material involving the sexual exploitation of children, one count of distribution of material involving the sexual exploitation of children, and two counts of possession of material involving the sexual exploitation of children. The presentence report recommended several enhancements, including a two-level enhancement because Ramos knew or should have known that the...

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