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Wichita man serving time for nude photo drops appeal

by Associated Press

6:59 PM CST, February 5, 2013

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A Wichita man serving nearly 27 years in prison for getting a 14-year-old girl to text him a nude photo of herself has dropped his appeal.
   
The 10th U.S. Circuit Court of Appeals granted a request Tuesday from 26-year-old Shane McClelland to dismiss his appeal.
   
A federal judge in Wichita sentenced McClelland last year as a repeat sex offender, saying the long prison term was necessary to deter him from further crimes and to protect the public.
   
McClelland's lawyer argued the sentence for a single nude photo amounted to cruel and unusual punishment.
   
A jury found McClelland guilty of one count of obtaining a picture of the exposed genitals of a 14-year-old girl from upstate New York via Yahoo! messaging. He was acquitted of a similar count involving another teen.