United States Fifth Circuit

Defendant's sentence for distributing child pornography is vacated pursuant to the government's challenge where his prior Oklahoma conviction for attempting to make a series of lewd or indecent proposals to engage in unlawful sexual relations with a person he believed to be a fourteen-year-old girl subjected him to the fifteen-year, mandatory minimum sentence in 18 U.S.C. section 2252A(b)(1).

Appellate Information

• Decided 02/23/2007
• Published 02/26/2007

Judges

• OWEN, Circuit Judge:, Before GARZA,PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Renee Harris Toliver (argued), Fort Worth, TX, Susan B. Cowger, Dallas, TX, for U.S., Jason Douglas Hawkins (argued), Carlton C. McLarty, Asst. Fed. Pub. Def., Dallas, TX, for Hubbard.