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UNITED STATES v. DOWNS

No. 21-10809.

61 F.4th 1306 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Clark DOWNS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: March 13, 2023.

Attorney(s) appearing for the Case

Winifred L. Acosta , Michelle Spaven , DOJ-USAO, Civil Division, Tallahassee, FL, Robert G. Davies , U.S. Attorney's Office, Northern District of Florida, Pensacola, FL, U.S. Attorney Service — Northern District of Florida, U.S. Attorney's Office, Northern District of Florida, Pensacola, FL, for Plaintiff-Appellee.

William Mallory Kent , Ryan McFarland , Kent & McFarland, Jacksonville, FL, Gilbert A. Schaffnit , Law Offices of Gilbert A. Schaffnit, Gainesville, FL, for Defendant-Appellant.

Before Jordan, Rosenbaum, and Newsom, Circuit Judges.

We withdraw the opinion issued on January 6, 2023 and issue this opinion in its place.

Clark Downs was convicted of producing and possessing child pornography in violation, respectively, of 18 U.S.C. §§ 2251(a) and 2252A(a)(5)(b). On appeal, he challenges his convictions on three grounds. First, he argues...

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