Friday, August 12, 2011

Sixth Circuit -- USA v. Gardner

USA v. Gardner 

Categorically, earlier conviction for battery too broad to qualify as a prior for mandatory minimum for possession of child pr0nography.

Procedural problems with state PSR (missing court stamp, no sign that deft assented to terms) mean that it cannot be used to establish the prior.




Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.