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.