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Before Boudin, Chief Judge, Selya, Senior Circuit Judge, and Keenan, *fn1 Senior District Judge.

Between November 2004 and May 2005, Harold Ortiz-Graulau, then age thirty-eight, carried on a consensual sexual relationship with a fourteen-year-old female identified as SMN. Shortly after the two became acquainted, SMN dropped out of the ninth grade and moved into Ortiz’ home; for the next six months, Ortiz and SMN lived together as a couple. Despite the large age difference between the two, their relationship was at the time legal under Puerto Rico law.*fn2

On several occasions Ortiz brought rolls of film to be developed at a Walgreens drugstore in San German, Puerto Rico. After Walgreens’ employees noticed that some of the images appeared to depict a young girl engaged in sexual activities or posed in a sexually explicit manner, the store manager alerted authorities. A subsequent search of Ortiz’ home uncovered 287 photographs; of these over 50 either depicted sexual contact between Ortiz and SMN or showed SMN in a sexually explicit position.

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