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LSTD 510 Final Paper
LSTD 510 Final Paper
LSTD 510 Final Paper Lockhart v. The U.S.Supreme Court of the United States
In this case, Lockhart v. the United States, the petitioner is Avondale Lockhart and the respondent is the United States of America. The legal issue in the case is the violation of the federal statute, which the petitioner pled guilty to having violated. 18 U. S. C. §2252(a) (4) states that any defendant convicted of being in the possession of child pornography is to be subjected to a compulsory minimum jail sentence of ten years. The ten-year minimum sentence is enhanced by any present pre-sentences of the defendant. In this case, Lockhart had been sentenced before on claims of sexual abuse in which an adult female, his girlfriend, was involved [1].
LSTD 510 Final Paper
The sentence enhancement is provided through §2252(b) (2), which states that the minimum life sentence for someone with prior convictions of sexual abuse should be ten years [2]. Lockhart’s appeal is based on the notion that his constitutional rights were infringed upon during the court’s decision. The petitioner feels so because his past conviction did not involve a minor. As such, the petitioner feels that the mandatory minimum may have been a tad bit much for his crime. According to Lockhart, his crimes did not trigger the enhancement because of the limiting “involving a minor” phrase.
Facts
Holding
Legal Background
Analysis
Conclusion
LSTD 510 Final Paper
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