United States v. James Hale Stewart
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HANSEN, Circuit Judge.
James Hale Stewart pleaded guilty to two counts of a three-count indictment charging him with transmitting and possessing child pornography. See 18 U.S.C. §§ 2252A(a)(l) & 2252A(a)(5)(B) (2000). He now appeals the sentence imposed by the district court, 1 asserting a Sixth Amendment violation on the basis of the sentencing judge’s fact-finding, see United States v. Booker, 543 U.S. 220, 244, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and challenging the applicability of a five-level sentencing enhancement for “engaging] in a pattern of activity involving the sexual abuse or…
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