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U.S. v. MOORE

No. 08-5291.

567 F.3d 187 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. James Terry MOORE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 12, 2009.

Attorney(s) appearing for the Case

ARGUED: Frank W. Heft, Jr., Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Appellant. Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee. ON BRIEF: Frank W. Heft, Jr., Jamie L. Haworth, Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Appellant. Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.

Before: BATCHELDER and CLAY, Circuit Judges; COX, District Judge.

ALICE M. BATCHELDER, Circuit Judge.

OPINION

James Terry Moore appeals his sentence, arguing that the district court sentenced him under the wrong statute and, therefore, the sentence imposed was improper. For the reasons that follow, we AFFIRM the district court.

I.

The police caught James Terry Moore sending and receiving child pornography over the internet, and discovered 7,000 to 8,000 pornographic images on his computer, over 5,000...

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