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U.S. v. NICHOLS

No. 18-6285.

943 F.3d 773 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Lucas Anthony NICHOLS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 21, 2019.

Attorney(s) appearing for the Case

ARGUED: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Matthew T. Morris , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee. ON BRIEF: Jennifer Niles Coffin , FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Terra L. Bay , UNITED STATES ATTORNEY'S OFFICE, Chattanooga, Tennessee, for Appellee.

THAPAR, J., delivered the opinion of the court in which NALBANDIAN, J., joined. CLAY, J. (pp. 776-82), delivered a separate dissenting opinion.

OPINION

Lucas Nichols pled guilty to receipt and possession of child pornography. The district court then enhanced his sentence because some of his victims were "vulnerable." U.S. Sentencing Guidelines Manual § 3A1.1(b)(1) (U.S. Sentencing Comm'n 2018). Nichols now argues that the sentencing guidelines prohibited...

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