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U.S. v. GRAHAM

No. 04-8008.

413 F.3d 1211 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Sylvester J. GRAHAM, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 1, 2005.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Robert R. Rogers, Assistant Federal Public Defender and Raymond P. Moore, Federal Public Defender, Cheyenne, Wyoming, for Defendant-Appellant.

Matthew H. Mead, United States Attorney, David A. Kubichek, Assistant United States Attorney, and Gregory A. Phillips, Assistant United States Attorney, Cheyenne, Wyoming, for Plaintiff-Appellee.

Before SEYMOUR, LUCERO and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Sylvester J. Graham appeals a 121 month term of imprisonment the district court imposed after he plead guilty to violating 18 U.S.C. § 2423(b) (interstate travel for the purpose of engaging in a sexual act with a person under sixteen years of age).1 He appeals, arguing the district court misapplied the federal sentencing guidelines and committed clear error in its fact-finding. He also asserts the guidelines...

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