United States v. Linngren, No. 10-3019 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of one count of distribution of child pornography and sentenced to fifteen years imprisonment. Defendant challenged his sentence, arguing that his Minnesota conviction for criminal sexual conduct "relat[ed] to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor" did not trigger the enhanced mandatory sentence. The court held that the complaint established that defendant's prior conviction related to sexual abuse of a minor and thus served to enhance his sentence under 18 U.S.C. 2252(b)(1).
Court Description: Criminal case - Sentencing. District court did not err in finding defendant's Minnesota state court conviction for criminal sexual conduct related to aggravated sexual abuse, sexual abuse or abusive sexual conduct involving a minor and thus mandated an enhanced mandatory sentence under 18 U.S.C. Sec. 2252(b)(1). Judge Bye, dissenting.
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