ALBANESE
v.
UNITED STATES

U.S. | 2000-10-10
No. 00-6122
531 U.S. 939 Supreme Court of the United States (2000) Positive Treatment
Cited by 1 case

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  • United States v. Bender, 290 F.3d 1279 (11th Cir. 2002)
    …t he distributed the pornography for “pecuniary gain” or “valuable gain” and that there was “no real proof of distribution.” (Appellant’s Brief at 61.) The district court, relying on United States v. Probel, 214 F. 3d 1285 (11th Cir.), cert. denied, 531 U.S. 939, 121 S.Ct. 331, 148 L.Ed.2d 266 (2000), overruled Bender’s objection to the Section 2G2.2(b)(2) enhancement because the guidelines did not require any pecuniary or other gain. Under the 1999 version of Section 2G2.2(b)(2), this ruling would have be…

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