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United States v. Smith

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Submitted: September 25, 2009

Before BYE, ARNOLD, and SMITH, Circuit Judges.

Michael Smith appeals from his sentence of 293 months’ imprisonment after he pleaded guilty to producing child pornography, see 18 U.S.C. § 2251(a). He maintains that the district court*fn1 erred in determining his criminal history category under the United States Sentencing Guidelines and that the government failed to keep its promise to recommend that the district court sentence him to a term of 210 months. We dismiss the appeal.

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