SIMONS
v.
UNITED STATES

U.S. | 1999-04-05
No. 98-8356
526 U.S. 1058 Supreme Court of the United States (1999) Positive Treatment
Cited by 1 case
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  • United States v. Probel, 214 F.3d 1285 (11th Cir. 2000)
    …“includes” is not exhaustive, it is clear that “the definition of ‘distribution’ in Section 2G2.2(b)(2) is not limited by Application Note 1 thereof to acts for ‘pecuniary gain.’ ” United States v. Lorge, 166 F. 3d 516, 518 (2d Cir.), cert. denied, 526 U.S. 1058, 119 S.Ct. 1372, 143 L.Ed.2d 531 (1999). Giving Application Note 1 its most natural reading, it actually enlarges, rather than limits, the applicability of the enhancement. In addition to defendants who distribute child pornography, Application No…

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