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Sixth Circuit seeks sentencing justice(?) through distinction between CP receipt and possession

By Douglas A. Berman

The Sixth Circuit has an interesting and potentially important decision concerning federal child pornography offenses today in US v. Szymanski, No. 09-3524 (6th Cir. Feb. 7, 2011) (available here).  Here is how the opinion starts: Defendant Daniel Szymanski pled guilty to receiving child pornography and was sentenced to five years? imprisonment, the statutory minimum sentence applicable to that charge. On appeal, Szymanski raises a variety of constitutional arguments, principally contending that the mandatory minimum under which he was sentenced is unconstitutional in light of United States v. Booker, and because another offense ? possession of child pornography, with which he was not charged and which, he alleges, is substantially similar if not identical to the receipt charge ? does not carry a mandatory minimum sentence, a state of affairs which he suggests violates separation of powers...continue to full post

Full post as published by Sentencing Law and Policy on February 07, 2011 (boomark / email).