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File-This April 19, 2003 file photo is a product photograph of "HERO Beanie Baby" as provided by the manufacturer, Ty, Saturday, in New York. The billionaire creator of Beanie Babies steps before a federal judge Tuesday jan. 14, 2014, to learn if he'll have to spend up to five years behind bars for evading taxes on $25 million in income. H. Ty Warner's sentencing will also give him a chance to apologize at length for hiding his millions in Swiss bank accounts. The 69-year-old apologized and wiped away tears when he pleaded guilty last year. But the judge in Chicago stopped him and said he could explain himself fully at sentencing. Defense attorneys argue for probation, pointing to Warner's unhappy childhood and his charity work. But prosecutors say Warner should spend some time in prison; they don’t recommend how much. (AP Photo)

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File-This Feb. 16, 2003, file photo shows Ty Warner, Beanie Baby creator and chief executive of Ty Inc. The billionaire creator of Beanie Babies steps before a federal judge Tuesday Jan. 14, 2014, to learn if he'll have to spend up to five years behind bars for evading taxes on $25 million in income. Warner's sentencing will also give him a chance to apologize at length for hiding his millions in Swiss bank accounts. The 69-year-old apologized and wiped away tears when he pleaded guilty last year. But the judge in Chicago stopped him and said he could explain himself fully at sentencing. Defense attorneys argue for probation, pointing to Warner's unhappy childhood and his charity work. But prosecutors say Warner should spend some time in prison; they don’t recommend how much. (AP Photo/Louis Lanzano, File)

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Shocked supporters of Kelly Thomas react Monday Jan. 13, 2014, in Santa Ana, Calif., after the 'not guilty' verdicts in his beating death outside the Santa Ana Courthouse. The Orange County panel on Monday found Manuel Ramos and Jay Cicinelli not guilty of all charges — including manslaughter — in the 2011 death of Kelly Thomas. A surveillance video showed police pummeling and stun-gunning him. (AP Photo/ The Orange County Register, Eugene Garcia)

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Shocked supporters of Kelly Thomas react Monday Jan. 13, 2014, in Santa Ana, Calif., after the 'not guilty' verdicts in his beating death outside the Santa Ana Courthouse. The Orange County panel on Monday found Manuel Ramos and Jay Cicinelli not guilty of all charges — including manslaughter — in the 2011 death of Kelly Thomas. A surveillance video showed police pummeling and stun-gunning him. (AP Photo/ The Orange County Register, Eugene Garcia)