United States Seventh Circuit

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US v. Nagel, 08-2535

Conviction and sentence for attempting to entice a minor to engage in a criminal sexual act is affirmed where: 1) the ten-year mandatory minimum sentence provision of 18 U.S.C. sec. 2422(b) does not violate the Fifth Amendment as there is a rational basis for withholding the safety valve provision of 18 U.S.C. sec. 3553(f) from those who violate the statute; and 2) the mandatory minimum sentence provision does not violate the Eighth Amendment as it is not grossly disproportionate to defendant's offense.

Appellate Information

  • Argued 02/19/2009
  • Decided 03/24/2009
  • Published 03/24/2009

Judges

  • KAPALA, District Judge., Before FLAUM and WILLIAMS, Circuit Judges, and KAPALA, District Judge.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Jonathan H. Koenig (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Robert G. Lebell (argued), Lebell Dobroski & Morgan LLP, Milwaukee, WI, for Defendant-Appellant.
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