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U.S. v. KIEFER

No. 13-50182.

760 F.3d 926 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Robert KIEFER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 24, 2014.

Attorney(s) appearing for the Case

Ezekiel E. Cortez , San Diego, CA, for Defendant-Appellant.

Anne Kristina Perry (argued), Assistant United States Attorney, Laura E. Duffy , United States Attorney, Bruce R. Castetter , Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for Plaintiff-Appellee.

Before: HARRY PREGERSON, STEPHEN REINHARDT, and JACQUELINE H. NGUYEN, Circuit Judges.

OPINION

NGUYEN, Circuit Judge:

Sentencing in child pornography cases can be controversial.1 In this case, however, it is not. Mark Robert Kiefer was indicted and, pursuant to a plea agreement, pleaded guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252. Under the plea agreement, Kiefer reserved the right to appeal the constitutionality of § 2G2.2 of the United States Sentencing Guidelines...

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