United States v. Cover, No. 12-1850 (8th Cir. 2013)
Annotate this CaseDefendant pled guilty to possession of child pornography and subsequently appealed his sentence. Defendant had a prior conviction under a Nebraska statute, Neb. Rev. Stat. 28-320.01, for sexual assault of a child. The court held that defendant's Nebraska conviction triggered application of the ten-year mandatory minimum. The court also held that defendant waived all other challenges to his sentence in his plea agreement. Accordingly, the court affirmed the sentence.
Court Description: Criminal case - Sentencing. District court did not err in determining defendant's prior Nebraska conviction for sexual assault of a child under Neb. Rev. Stat. Sec. 28-320.01 triggered application of the ten-year mandatory minimum sentence under 18 U.S.C. Sec. 2252(b)(2); defendant waived all other challenges to his sentencing as part of his plea agreement, and the court would not consider them. [ January 15, 2013
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