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U.S. v. NAGEL

No. 08-2535.

559 F.3d 756 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Michael E. NAGEL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 2009.

Attorney(s) appearing for the Case

Jonathan H. Koenig (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Robert G. Lebell (argued), Lebell Dobroski & Morgan LLP, Milwaukee, WI, for Defendant-Appellant.

Before FLAUM and WILLIAMS, Circuit Judges, and KAPALA, District Judge.

KAPALA, District Judge.

Michael E. Nagel, pled guilty to attempting to entice a minor to engage in a criminal sexual act in violation of 18 U.S.C. § 2422(b) and was sentenced to the mandatory minimum ten-year term of imprisonment. On appeal, argues that the mandatory minimum sentence violates the Fifth and Eighth Amendments to the United States Constitution because it is not subject to a "safety valve" allowing for a sentence below the mandatory minimum term...

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