United States Eighth Circuit

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US v. Pierson, 08-1335

A conviction and sentence for attempted production of child pornography and attempting to induce a child to engage in criminal sexual activities is affirmed where: 1) sufficient evidence supported the convictions; 2) there was no abuse of discretion in permitting the government to cross examine defendant at trial about his prior 20-year old conviction for indecent contact with a child; and 3) defendant's prior conviction was a qualifying predicate offense for the purpose of applying both a U.S.S.G. section 4B1.5 enhancement for repeat and dangerous offenders, and the mandatory minimum sentence required under 18 U.S.C. section 2251(e) for offenders with a qualifying prior conviction under state law.

Appellate Information

  • Decided 10/20/2008
  • Published 10/20/2008

Judges

  • MURPHY, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • B. John Burns, argued, AFPD, Des Moines, IA, for appellant.

  • For Appellees:
  • Craig P. Gaumer, argued, John S. Courter, AUSA, on the brief, Des Moines, IA, for appellee.

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