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JACKSON, Miss. (WCBI) – Federal prosecutors are asking the 5th US Circuit Court of Appeals to order a new trial for a Tupelo man acquitted on child pornography charges.

In 2012 James William Smith asked the court for a new trial arguing the court made numerous errors.

Smith had been convicted of one count of possessing child pornography.

District Judge Sharion Aycock threw out the case and acquitted Smith of the charges.

Now a 3 judge panel is scheduled to hear arguments in the case on December 4th in New Orleans.

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