United States Second Circuit

Defendant's sentence of 30-months imprisonment, following his guilty plea to one count of distributing child pornography is remanded for resentencing, where the district court erred: 1) in holding the mandatory minimum sentence unconstitutional because the statutorily mandated five-year minimum sentence does not constitute cruel and unusual punishment as applied to defendant; and 2) by not applying certain Sentencing Guidelines enhancements in calculating defendant's Guidelines range.

Appellate Information

• Decided 09/26/2013
• Published 09/26/2013

Judges

• RAGGI

Court

• United States Second Circuit

Counsel