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As the Court identified, the prohibitions of "actual" little one pornography in Ferber and Osborne had been upheld on a output-dependent rationale. A non-constitutional Booker error is harmless if, viewing the proceedings in their entirety, a court docket determines that the error did not affect the sentence, or had but really slight result. Statutory glitches are issue to the fewer demanding check that is relevant to non-constitutional problems.
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