United States v. Sumner, No. 15-1509 (8th Cir. 2016)
Annotate this CaseAfter defendant pleaded guilty to receipt and distribution of child pornography, in violation of 18 U.S.C. 2252(a)(2), the district court sentenced him to the mandatory minimum of 180 months in prison. The district court applied a sentencing enhancement under section 2252(b)(1) based on defendant's prior 1989 Missouri conviction for deviate sexual assault in the first degree. The court affirmed the sentence, concluding that the district court did not err by considering the charging document and not the facts underlying defendant's 1989 Missouri conviction.
Court Description: Gruender, Author, with Colloton and Shepherd, Circuit Judges] Criminal case - Sentencing. Defendant's Missouri conviction for deviate sexual assault in the first degree under Mo. Rev. Stat. Section 566.070 triggered the sentencing enhancement under 18 U.S.C. Sec. 2252(b)(1); in reaching this determination, the district court did not err by considering the charging documents and not the facts underlying defendant's Missouri conviction.
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