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U.S. v. BAKER

No. 12-10834.

742 F.3d 618 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Robert L. BAKER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 12, 2014.

Attorney(s) appearing for the Case

Brian W. McKay (argued), Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

Monica F. Markley (argued), William Ernest Hermesmeyer , Assistant Federal Public Defender, Federal Public Defender's Office, Fort Worth, TX, Kevin Joel Page , Federal Public Defender's Office, Dallas, TX, for Defendant-Appellant.

Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

Defendant-Appellant Robert Baker pleaded guilty to receiving material involving the sexual exploitation of a minor. At sentencing, the district court imposed a two-level enhancement under U.S.S.G. § 2G2.2(b)(3)(F) for distribution of child pornography through Baker's use of the file-sharing program Frostwire. This appeal presents the question of whether the district court properly applied the...

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