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TUPELO, Miss. (WCBI) – A Tupleo man indicted in August of 2011 on child pornography charges has been acquitted.

27 year old James Smith was convicted by a U.S. District Court jury on September 12, 2012 for possession of child pornography charges.

His attorneys requested a new trial or acquittal and after six weeks of consideration Judge Sharion Aycock overturned the verdict and acquitted Smith.

Aycock said the government failed to prove beyond a reasonable doubt Smith knowingly possessed illegal materials found on his computer.

Federal attorneys on Monday said they would appeal to the 5th Circuit court.

Smith faced up to 10 years in prison and a $250,000 fine.

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