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U.S. v. GARZA

No. 12-10294.

751 F.3d 1130 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Albert GARZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2014.

Attorney(s) appearing for the Case

Carolyn Wiggin (argued), Assistant Federal Public Defender, Sacramento, CA, for Defendant-Appellant.

Brian W. Enos (argued), Assistant United States Attorney, Eastern District of California, Office of the United States Attorney, Fresno, CA, for Plaintiff-Appellee.

Before: RICHARD C. TALLMAN and SANDRA S. IKUTA, Circuit Judges, and BEVERLY REID O'CONNELL, District Judge.

OPINION

TALLMAN, Circuit Judge.

Albert Garza was sentenced to 20 years in prison after a jury convicted him of one count of "receipt or distribution" and one count of "possession" of child pornography. Garza appeals his conviction and sentence on several grounds. In a memorandum disposition we address all but one of Garza's arguments. In this opinion we decide whether the district court plainly erred by failing to sua sponte convene a

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