UNITED STATES v. ATHERTON

No. 21-30266.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KEITH ATHERTON, AKA Keith James Atherton, AKA John Doe, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2024.


Attorney(s) appearing for the Case

Sarah Barr (argued), Assistant United States Attorney; Suzanne Miles , Assistant United States Attorney, Criminal Appeals Section Chief; Natalie K. Wight , United States Attorney, United States Department of Justice, Office of the United States Attorney, Portland, Oregon; Jeffrey S. Sweet , Assistant United States Attorney, United States Department of Justice, Office of the United States Attorney, Eugene, Oregon; for Plaintiff-Appellee.

Elizabeth G. Daily (argued), Assistant Federal Public Defender, Federal Public Defender's Office, Portland Oregon, for Defendant-Appellant.

Opinion by Judge Berzon, Dissent by Judge Miller.


OPINION

Defendant Keith Atherton pleaded guilty pursuant to a plea agreement to one count of using or attempting to use a minor to produce a visual depiction of sexually explicit conduct. In the plea agreement, Atherton waived his appeal rights, with certain exceptions. The district court imposed a statutory maximum...

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