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U.S. v. LIVELY

No. 15-1671.

852 F.3d 549 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Riley Patrick LIVELY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2017.

Attorney(s) appearing for the Case

ARGUED: Stuart G. Friedman , Southfield, Michigan, for Appellant. Tessa K. Hessmiller , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Stuart G. Friedman , Southfield, Michigan, for Appellant. Tessa K. Hessmiller , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

MOORE, J., delivered the opinion of the court in which SUTTON, J., joined, and DONALD, J., joined in part. DONALD, J. (pg. 25), delivered a separate opinion concurring in part and in the judgment.

OPINION

Title 18 U.S.C. § 2251(a) is a statute with two parts. It criminalizes (1) sexually exploiting a minor "for the purpose of producing any visual depiction of" that sexual exploitation (2) if, among other things, "that visual depiction was produced or transmitted using materials that have"...

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