United States Fifth Circuit

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US v. Hubbard, 05-10704

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.