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U.S. v. SHELABARGER

No. 14-1505.

770 F.3d 714 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Benjaman SHELABARGER, also known as Benjamin Shelabarger Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 21, 2014.

Attorney(s) appearing for the Case

Bernard John Burns, III , AFPD, Des Moines, IA, for appellant.

Marc Krickbaum , AUSA, Des Moines, IA, ( Craig Peyton Gaumer , AUSA, Des Moines, IA, on the brief), for appellee.

Before WOLLMAN, LOKEN, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

Benjaman Shelabarger was convicted by a jury of receipt of visual depictions of minors engaging in sexually explicit conduct. The district court1 imposed a sentence of 210 months' imprisonment. Shelabarger appeals, arguing that the evidence was insufficient to support his conviction, that his sentence violates the Eighth Amendment, and that the district court incorrectly calculated his offense level under the United...

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