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U.S. v. BATTAGLIA

No. 08-4275.

624 F.3d 348 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Ross BATTAGLIA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 5, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Vanessa F. Malone , Office of the Federal Public Defender, Northern District of Ohio, Cleveland, Ohio, for Appellant. Danel R. Ranke , Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: GILMAN and GRIFFIN, Circuit Judges; ROSE, District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Ross Battaglia pled guilty to two counts of knowingly receiving and distributing child pornography and to one count of possessing child pornography. The district court applied a five-level enhancement under the U.S. Sentencing Guidelines (U.S.S.G.) because it found that Battaglia had "[d]istribut[ed child pornography] for the receipt, or expectation of receipt, of a thing of value, but not for pecuniary gain." U...

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