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U.S. v. LYNCH

No. 13-3691.

757 F.3d 780 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Brian LYNCH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2014.

Attorney(s) appearing for the Case

John Leonard Lane , argued, Cedar Rapids, IA, for Defendant-Appellant.

Mark Tremmel , Assistant United States Attorney, argued, Cedar Rapids, IA, for Plaintiff-Appellee.

Before RILEY, Chief Judge, BEAM and SMITH, Circuit Judges.

PER CURIAM.

Brian Lynch pleaded guilty to possession of child pornography in violation of 18 U.S.C. § 2252. Lynch appeals his sentence of 210 months, specifically challenging the five-level upward adjustment for distribution in expectation of a "thing of value," see United States Sentencing Guidelines Manual § 2G2.2(b)(3)(B), because he used file sharing programs to view the pornography. Lynch argues that while he knew he was using the file-sharing...

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