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UNITED STATES v. PHILLIPS

No. 21-5762.

54 F.4th 374 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Trinity PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 28, 2022.

Attorney(s) appearing for the Case

ARGUED: Michael C. Holley , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellant. Joshua K. Handell , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Michael C. Holley , Ronald C. Small , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Nashville, Tennessee, for Appellant. John M. Pellettieri , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., S. Carran Daughtrey , UNITED STATES ATTORNEY'S OFFICE, Nashville, Tennessee, for Appellee.

BOGGS, J., delivered the opinion of the court, in which DAVIS, J., joined. LARSEN, J. (pp. 386-98), delivered a separate opinion concurring in the judgment only.

OPINION

When it passed the PROTECT Act in 2003, Congress required the United States Sentencing Commission to vary penalties for child-pornography offenses depending on the number of images involved. The Commission accordingly implemented that method of calculating penalties...

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