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U.S. v. McMILLER

No. 18-4744.

954 F.3d 670 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin MCMILLER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2020.

Attorney(s) appearing for the Case

ARGUED: Ann Loraine Hester , FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Anthony Joseph Enright , OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: Anthony Martinez , Federal Public Defender, Caryn A. Strickland , Assistant Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. R. Andrew Murray , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Keenan wrote the opinion, in which Judge Wynn and Judge Rushing joined.

Benjamin McMiller was sentenced to 121 months' imprisonment and a lifetime term of supervised release for transporting and possessing child pornography. On appeal, McMiller argues that the district court erred in two discrete ways at sentencing: (1) by ordering McMiller to pay special assessments pursuant to...

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