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UNITED STATES v. KEARN

No. 23-3029.

90 F.4th 1301 (2024)

UNITED STATES of America, Plaintiff-Appellant, v. Jonathan KEARN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 23, 2024.

Attorney(s) appearing for the Case

James A. Brown , Assistant United States Attorney ( Kate E. Brubacher , United States Attorney, with him on the briefs), United States Attorney's Office, District of Kansas, Topeka, Kansas, for Plaintiff-Appellant.

Kayla Gassmann , Assistant Federal Public Defender ( Melody Brannon , Federal Public Defender, with her on the brief), Kansas Federal Public Defender's Office, Kansas City, Kansas, for Defendant-Appellee.

Before TYMKOVICH, MURPHY, and CARSON, Circuit Judges.

Jonathan Kearn was indicted on three child pornography offenses involving his children. Even though Mr. Kearn faced an upper exposure of 30 years' imprisonment on the charges, the government offered a plea agreement for a 10-year sentence in exchange for Mr. Kearn's guilty plea to one of the counts. After a six-minute conversation...

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