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U.S. v. McCUTCHEN

No. 04-3498.

419 F.3d 1122 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Michael W. McCUTCHEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

Mark T. Schoenhofer, Schoenhofer & Scott, Wichita, KS, for the Defendant-Appellant.

Alan G. Metzger, Assistant United States Attorney, Wichita, KS (Eric F. Melgren, United States Attorney, Topeka, KS, on the brief), for the Plaintiff-Appellee.

Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant Michael McCutchen pled guilty to knowingly possessing child pornography transported in interstate commerce by computer in violation of 18 U.S.C. § 2252(a)(4)(B), and was sentenced to a term of imprisonment of 120 months. McCutchen now appeals, challenging his sentence. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

On June 3, 2004, McCutchen was indicted on one count of knowingly and...

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