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U.S. v. Barton, No. 95-11-7 (2nd Cir.) (76 F.3d 499) (February 16, 1996) (Judge J. Edward Lumbard)

While the court acknowledged that some courts have been "unwilling to make a broad generalization that those convicted of receiving child pornography also ordinarily abise children", it concluded that § 2G2.2 would apply to "a mere passive offender who has not engaged in distribution of pornography on a significant scale ...

 

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