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U.S. v. GROSS

No. 05-1583.

437 F.3d 691 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Kerby GROSS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 14, 2006.

Attorney(s) appearing for the Case

Patrick F. McGovern (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Terence F. MacCarthy, Alison Siegler (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant.

Before KANNE, ROVNER, and WOOD, Circuit Judges.

KANNE, Circuit Judge.

Kerby Gross has had a sad and troubled life marked by his experiences as a victim and perpetrator of child sexual abuse. He is before us after pleading guilty to distributing child pornography, and he asks us to consider whether the application of the mandatory minimum sentence in 18 U.S.C. § 2252A(b)(1) to him constitutes cruel and unusual punishment in violation of the Eighth Amendment. Because we conclude that Gross's sentence of fifteen...

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