United States v. Mayokok, No. 16-1753 (8th Cir. 2017)
Annotate this CaseDefendant pled guilty to receipt of child pornography and was sentenced to 240 months imprisonment and 15 years supervised release. The court concluded, and the government concedes, that the district court erred by applying a five-level sentencing enhancement under USSG 2G2.2(b)(3)(B) for distribution of child pornography for the receipt or with the expectation of receiving a thing of value, because the enhancement was not supported by the record. The court concluded, however, that the district court correctly applied the 15-year mandatory minimum sentence in 18 U.S.C. 2252(b)(1) based on defendant's prior Minnesota conviction for possession of a pornographic work involving minors. Accordingly, the court affirmed in part, vacated in part, and remanded for resentencing.
Court Description: Gruender, Author, Smith and Benton, Circuit Judges] Criminal case - Criminal law. Once a hotel guest is justifiably expelled,the guest is without standing to challenge a police officer's entry into his hotel room; here, the officer's entry into defendant's room was for the lawful purpose of effecting defendant's eviction, and evidence observed during this initial entry was a valid basis for the subsequent warrant.
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