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US v. Bauer, No. 09-1970

By FindLaw Staff on December 02, 2010 12:50 PM

Child Pornography Conviction and Sentence Affirmed

In US v. Bauer, No. 09-1970, defendant's conviction and sentence for attempted receipt of child pornography are affirmed where 1) defendant's undisputed belief that his victim was a minor satisfied the "knowingly" requirement of the statute; 2) the district court did not commit plain error in determining that the factual basis for defendant's guilty plea was adequate; and 3) the district court correctly applied U.S.S.G. section 2G2.2(c)(1) to Bauer's conduct.


As the court wrote:  "Vincent Lawrence Bauer, Jr. pled guilty to one count of attempted receipt of child pornography in violation of 18 U.S.C. §§ 2252A(a)(2)(A) and (b)(1). The district court accepted Bauer's guilty plea, and sentenced him to 135 months' imprisonment. Bauer contends on appeal that the factual basis for his guilty plea was inadequate. He also argues that the district court committed procedural error in calculating his advisory guideline sentencing range, that he was denied effective assistance of counsel, and that his sentence was substantively unreasonable. We affirm."

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