IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41153
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES C. LACEY,
Defendant-Appellant.
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Appeals from the United States District Court
for the Southern District of Texas
USDC No. C-98-CR-66-1
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September 16, 1999
Before SMITH, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
James C. Lacey appeals his sentence following a guilty plea
to distribution of child pornography. Lacey argues that the
district court clearly erred by increasing his offense level
under U.S.S.G. § 2G2.2(b)(3) based on the court’s determination
that the offense involved material portraying sadistic or
masochistic conduct. We have reviewed the evidence on which the
district court based its determination and find no error. United
States v. Kimbrough, 69 F.3d 723, 734 & n.7 (5th Cir. 1995); see
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 98-41153
-2-
United States v. Canada, 110 F.3d 260, 262-63 (5th Cir.), cert.
denied, 118 S. Ct. 195 (1997). Lacey also argues that the
district court erred by increasing his offense level under
U.S.S.G. § 2G2.2(b)(2) based on its finding that his offense
involved the “distribution” of child pornography; however, he
concedes that this argument is foreclosed by circuit precedent.
See Canada, 110 F.3d at 263.
AFFIRMED.