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U.S. v. SZYMANSKI

No. 09-3524.

631 F.3d 794 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel SZYMANSKI, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 7, 2011.

Attorney(s) appearing for the Case

ARGUED: Jeffrey B. Lazarus , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Alexandra R. Gelber , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Jeffrey B. Lazarus , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Alexandra R. Gelber , United States Department of Justice, Washington, D.C., for Appellee.

Before: MERRITT, ROGERS, and WHITE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

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...

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