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UNITED STATES v. COATES

No. 22-3122.

82 F.4th 953 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Larry COATES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED September 18, 2023.

Attorney(s) appearing for the Case

Paige A. Nichols , Assistant Federal Public Defender ( Melody Bannon , Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, Topeka, Kansas, for Defendant-Appellant.

Sonja M. Ralston , Attorney, Appellate Section ( Duston Slinkard , United State Attorney; James Brown , Assistant United States Attorney, Appellate Chief, D. Kansas; Kenneth A. Polite, Jr. , Assistant Attorney General; Lisa H. Miller , Deputy Assistant Attorney General, with her on the brief), Criminal Division, United States Department of Justice, Washington, D.C., for Plaintiff-Appellee.

Before MORITZ, BALDOCK, and MURPHY, Circuit Judges.

I. Introduction

In 2019, Larry Coates was caught in possession of child pornography. At that time, he was serving supervised release for Kansas-state child exploitation violations. Coates pleaded guilty to a single count of violating 18 U.S.C. § 2252A(a)(5)(B), (b)(2). In anticipation of sentencing, the probation...

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