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February 14, 2006

Seventh Circuit rejects Eighth Amendment challenge to child porn mandatory minimum

The Seventh Circuit today in US v. Gross, No. 05-1538 (7th Cir. Feb. 14, 2006) (available here) has rejected an Eighth Amendment challenge to a 15-year mandatory minimum sentence in a child pornography case. Here is the opening paragraph in Gross:

Kerby Gross has had a sad and troubled life marked by his experiences as a victim and perpetrator of child sexual abuse.  He is before us after pleading guilty to distributing child pornography, and he asks us to consider whether the application of the mandatory minimum sentence in 18 U.S.C. § 2252A(b)(1) to him constitutes cruel and unusual punishment in violation of the Eighth Amendment. Because we conclude that Gross’s sentence of fifteen years (the mandatory minimum) is not grossly disproportionate and therefore does not violate the Eighth Amendment, we affirm.

February 14, 2006 at 01:32 PM | Permalink


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