United States v. Gardner, No. 07-5947 (6th Cir. 2011)Annotate this Case
The government appealed the district court's decision not to apply a 15-year mandatory minimum sentence under 18 U.S.C. 2252A(b)(1) following defendant's guilty plea for receipt and possession of child pornography. The Sixth Circuit affirmed. Defendant's prior Virginia conviction for sexual battery did not mandate sentence enhancement. The statute of conviction does not require, as an element of the offense, that the complaining witness be a minor; indictment references to a minor must be disregarded because the plea was limited to sexual battery. The district court properly found that validity of the Virginia pre-sentence report was too questionable for it to serve as the factual predicate for a sentencing enhancement.