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United States of America v. Barry Vincent Ardolf

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Submitted: February 15, 2012

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

Barry Vincent Ardolf pled guilty to (1) unauthorized access to a protected computer, in violation of 18 U.S.C. § 1030(a)(2), (c)(2)(B)(ii); (2) aggravated identity theft, in violation of 18 U.S.C. § 1028A; (3) threats to the Vice President of the United States, in violation of 18 U.S.C. § 871(a); (4) possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2); and (5) distribution of child pornography, in violation of 18 U.S.C. § 2252(a)(1), (b)(1). The district court*fn1 sentenced Ardolf to 216 months imprisonment. Ardolf appeals the district court’s application of separate two-level enhancements under (1) United States Sentencing Guidelines (U.S.S.G. or Guidelines) § 3C1.1 for obstruction of justice, and (2) U.S.S.G. § 2G2.2(b)(7)(A) because Ardolf’s offenses involved at least ten images of child pornography. Ardolf also challenges the substantive reasonableness of his sentence. We affirm.

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