United States Eighth Circuit

Sentence for receipt of material involving the sexual exploitation of minors is affirmed where defendant's prior state conviction for committing lascivious acts with children qualifies as a sentence enhancement even though the state statute does not require physical contact.

Appellate Information

• Decided 02/11/2009
• Published 02/11/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Chad R. McCabe, argued, Bismarck, ND, for appellant.


• For Appellees:
  
• Clare R. Hochhalter, AUSA, argued, Bismarck, ND, for appellee.