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U.S. v. FERGUSON

No. 10-2623.

681 F.3d 826 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David E. FERGUSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Bradley R. Hall , Federal Defender Office, Detroit, Michigan, for Appellant. Andrew Goetz , Assistant United States Attorney, Detroit, Michigan, for Appellee. ON BRIEF: Bradley R. Hall , Jonathan M. Epstein , Federal Defender Office, Detroit, Michigan, for Appellant. Andrew Goetz , Assistant United States Attorney, Detroit, Michigan, for Appellee.

Before: MOORE, GIBBONS, and ALARCÓN, Circuit Judges.

OPINION

ALARCÓN, Circuit Judge.

David Ferguson was found guilty in a bench trial of knowingly possessing 14 images of child pornography and sentenced to ten years imprisonment, the mandatory minimum sentence under 18 U.S.C. § 2252A(b)(2). Ferguson timely appealed from both the conviction and the sentence. He argues that the district court (1) constructively amended the indictment by finding him guilty based on conduct that was not the subject of...

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