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U.S. v. LEWIS

OPINION

KENNEDY, Circuit Judge.

Defendant-Appellant Todd Franklin Lewis pleaded guilty to transporting a visual depiction of a minor engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(1). At sentencing, Lewis unsuccessfully challenged the two-level guideline sentence enhancement the court imposed for his use of a computer in commission of the crime of conviction. Lewis now appeals the ruling of the court as to this enhancement, and he also challenges the court's denial of his motion for a second continuance in order to file an unrelated motion to suppress evidence seized during a search of his home computer. Lewis also argues that he received ineffective assistance of counsel in violation of the Sixth Amendment, due both to his trial attorney's failure to timely raise a motion to suppress and his negotiation of a plea agreement with the government that prohibited Lewis from raising substantive appeals. For the reasons that follow, we DISMISS Lewis's ineffective assistance claims and AFFIRM the judgments of the district court.

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