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U.S. v. REINHART

No. 16-10409.

893 F.3d 606 (2018)

UNITED STATES of America, Plaintiff-Appellant, v. David Wesley REINHART, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2018.

Attorney(s) appearing for the Case

Jonas Lerman (argued), Assistant United States Attorney; J. Douglas Wilson , Chief, Appellate Division; United States Attorney's Office, San Francisco, California; for Plaintiff-Appellant.

Ned Smock (argued), Assistant Federal Public Defender; Steven G. Kalar , Federal Public Defender; Office of the Federal Public Defender, Oakland, California; for Defendant-Appellee.

Before: Ronald M. Gould and Mary H. Murguia, Circuit Judges, and Nancy Freudenthal, Chief District Judge.

OPINION

David Reinhart was convicted of two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). A defendant convicted of this offense who has "a prior conviction ... under the laws of any State relating to ... the production, possession, receipt, mailing, sale, distribution...

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