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U.S. v. HERNANDEZ

No. 13-10428.

894 F.3d 1104 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Albert Silva HERNANDEZ, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2018.

Attorney(s) appearing for the Case

Amy B. Cleary (argued) and Alina M. Shell , Assistant Federal Public Defenders; Rene L. Valladares , Federal Public Defender; Office of the Federal Public Defender, Las Vegas, Nevada; for Defendant-Appellant.

Adam M. Flake (argued), Assistant United States Attorney; Elizabeth O. White , Appellate Chief; United States Attorney's Office, Las Vegas, Nevada; for Plaintiff-Appellee.

Dissent by Judge Rawlinson

OPINION

This appeal requires us to consider whether the distribution of pornography enhancement set forth in United States Sentencing Guidelines ("U.S.S.G.") § 2G2.1(b)(3) applies where a perpetrator creates an illicit image of a minor victim and shares it only with the victim herself, rather than with a third...

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