United States v. Blodgett, No. 17-1034 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed Appellant’s sentence of ten years’ imprisonment imposed after Appellant pleaded guilty to one count of accessing child pornography with the intent to view it. On appeal, Defendant asked the First Circuit to declare the mandatory minimum sentence for accessing child pornography applicable to any individual who has a prior state conviction for abusive sexual conduct involving a minor unconstitutional as violative of the Due Process Clause. The First Circuit held (1) the mandatory minimum sentence established under 18 U.S.C. 2252A(b)(2) is consistent with the Due Process Clause; and (2) Defendant’s ten-year sentence was not grossly disproportionate to the crime that he committed and thus did not infringe on his Eighth Amendment right to be free from cruel and unusual punishment.