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U.S. v. BRUNS

No. 09-3077.

641 F.3d 555 (2011)

UNITED STATES of America, Appellee v. Aaron BRUNS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2011.

Attorney(s) appearing for the Case

Roman Martinez , former Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer , Federal Public Defender. Neil H. Jaffee , Assistant Federal Public Defender, entered an appearance.

Nicholas P. Coleman , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and Elizabeth Trosman and Patricia Z. Stewart , Assistant U.S. Attorneys. Roy W. McLeese III , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

A conviction for possessing child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B) typically carries a maximum sentence of ten years' imprisonment. 18 U.S.C. § 2252A(b)(2). But if the defendant "has a prior conviction . . . under the laws of any State relating to . . . child pornography," the statute requires a ten-year minimum sentence. Ibid.1

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