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U.S. v. HODGE

No. 14-5256.

805 F.3d 675 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Wayne HODGE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 20, 2015.

Attorney(s) appearing for the Case

ARGUED: David J. Guarnieri , McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Kentucky, for Appellant. Adam C. Reeves , United States Attorney's Office, London, Kentucky, for Appellee. ON BRIEF: David J. Guarnieri , Philip C. Lawson , McBrayer, McGinnis, Leslie & Kirkland, PLLC, Lexington, Kentucky, for Appellant. Charles P. Wisdom, Jr. , United States Attorney's Office, Lexington, Kentucky, for Appellee.

SILER, J., delivered the opinion of the court in which MOORE and STRANCH, JJ., joined. STRANCH, J. (pp. 684-85), delivered a separate concurring opinion.

OPINION

Dennis Hodge pleaded guilty to one count of receipt of child pornography. 18 U.S.C. § 2252(a)(2). At sentencing, the district court declined to give him a two-point base-offense-level reduction under USSG § 2G2.2(b)(1). This reduction applies when "the defendant...

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