UNITED STATES v. MILTIER

No. 20-4199.

993 F.3d 267 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Kelly MILTIER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 12, 2021.


Attorney(s) appearing for the Case

ARGUED: Patrick L. Bryant , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Jacqueline Romy Bechara , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, Alexandria, Virginia, Andrew W. Grindrod , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Norfolk, Virginia, for Appellant. G. Zachary Terwilliger , United States Attorney, Alexandria, Virginia, Joseph Kosky , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Diaz and Judge Rushing joined.


Kelly Miltier pled guilty to receiving and possessing child pornography. Before sentencing, he urged the district court to reduce his Sentencing Guidelines range pursuant to a provision that applies only to defendants whose "conduct was limited to the receipt or solicitation of" child pornography. United States...

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