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United States Seventh Circuit


US v. Gross, 05-1583

A convicted child pornographer's mandatory minimum sentence of fifteen years under 18 U.S.C. 2252A(b)(1) is not grossly disproportionate and does not violate the Eighth Amendment, given 1) the crime's severity; 2) that the distribution of child pornography creates a market for its production, leading to the abuse of children; and 3) the dissemination causes the child victims continuing harm.

Appellate Information

  • Argued 11/28/2005
  • Decided 02/14/2006
  • Published 02/14/2006

Judges

  • KANNE, Circuit Judge., Before KANNE, ROVNER, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Patrick F. McGovern (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Terence F. MacCarthy, Alison Siegler (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.
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