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United States v. Perry

United States Court of Appeals, Seventh Circuit

February 14, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
STEVEN J. PERRY, Defendant-Appellant

Argued January 24, 2014.

Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:04-cr-00079-RLM-CAN-1 -- Robert L. Miller, Jr., Judge.

For UNITED STATES OF AMERICA, Plaintiff - Appellee: John M. Maciejczyk, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, South Bend, IN.

For STEVEN J. PERRY, Defendant - Appellant: Jonathan E. Hawley, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Peoria, IL; Peter W. Henderson, Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Urbana, IL; Daniel J. Hillis, Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Springfield, IL.

Before BAUER, EASTERBROOK, and WILLIAMS, Circuit Judges.

OPINION

Page 239

Bauer, Circuit Judge.

In 2004, Steven Perry (" Perry" ) was charged with four counts relating to the possession and transportation of child pornography. He pleaded guilty to two counts and was sentenced by the district court to concurrent 46- and 60-month terms of imprisonment to be followed by three- and five-year terms of supervised release. In 2009, Perry violated the terms of his supervised release and was sentenced to three months' imprisonment and four years of supervised release. In 2013, Perry violated the terms of his supervised release once again. The district court sentenced Perry to a five-year term of imprisonment as well as a ten-year term of supervised release. In its written judgment, the court imposed four new conditions of supervision. Perry now appeals the five-year sentence imposed by the district court as well as the additional conditions of supervision.

I. BACKGROUND

A. The Indictment

In 2003, Perry shared eleven images of child pornography with an internet group dedicated to collecting and sharing child pornography. A search of Perry's apartment uncovered discs containing hundreds of images of child pornography. On August 13, 2004, a grand jury charged Perry in a four-count indictment for violations of 18 U.S.C. § § 2252 and 2252A.[1]

Page 240

B. The March 17, 2005, Sentencing ...


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