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United States v. Starr

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Submitted: February 11, 2008

Before LOKEN, Chief Judge, RILEY, and SMITH, Circuit Judges.

A jury convicted David E. Starr on all nine counts of the third superseding indictment, which included charges for sexual exploitation of a child;*fn1 receipt of child pornography;*fn2 and possession of child pornography.*fn3 The district court*fn4 sentenced Starr to a term of 720 months’ imprisonment. Starr challenges both his conviction and his sentence, arguing that (1) certain evidence presented at trial should have been suppressed as a violation of the Fourth Amendment; (2) the jury instructions were erroneous and deprived him of his due process rights; (3) insufficient evidence supported his conviction; (4) the interest of justice required the district court to grant his motion for a new trial; (5) the district court miscalculated his advisory sentencing range under the Guidelines; and (6) his sentence is unreasonable. We affirm.

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