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U.S. v. LUCERO

No. 13-2084.

747 F.3d 1242 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Lawrence L. LUCERO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 2, 2014.

Attorney(s) appearing for the Case

Marc H. Robert , Assistant Federal Public Defender, Office of the Federal Public Defender for the District of New Mexico, Albuquerque, NM, appearing for Appellant.

Dean Tuckman , Assistant United States Attorney ( Steven C. Yarbrough , Acting United States Attorney, and James R.W. Braun , Assistant United States Attorney, on the brief), Office of the United States Attorney for the District of New Mexico, Albuquerque, NM, appearing for Appellee.

Before LUCERO, GORSUCH, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

Lawrence Lucero pled guilty to three counts of receipt of child pornography in violation of 18 U.S.C. §§ 2252(a)(2), 2252(b)(1), and 2256, and two counts of possession of child pornography in violation of 18 U.S.C. §§ 2252(a)(4)(B), 2252(b)(2), and 2256.

At sentencing, the district court increased Mr. Lucero's offense level by five based on § 2G2.2(b)(5) of the United States Sentencing Guidelines (the "Guidelines...

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