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OXFORD, Miss. (AP) – Brianna McMillen, who is serving 97 months for child pornography has asked a federal judge to dismiss her conviction and sentence.

According to reports, McMillen and her husband, Christopher, were arrested in 2010. They were each charged with two counts of possession of child pornography.

Brianna McMillen pleaded guilty in April of 2011 to one count.

In her motion filed in federal court in Oxford, McMillen says the search if her home was unconstitutional, prosecutors withheld evidence that would have helped her defense and her lawyer could have done a better job.

Christoper McMillen was sentenced to 10 years in prison.

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