Legal Opinion

United States v. Polk

Court of Appeals for the First Circuit

Decided October 30, 2008No. 07-2425PublishedCited by 36 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal requires us to decide whether the fifteen-year mandatory minimum term of imprisonment under 18 U.S.C. § 2251(e), as applied, violates the Eighth Amendment’s prohibition on cruel and unusual punishment. For the reasons explained below, we conclude that it does not. Consequently, we affirm the judgment below.

The background facts can be succinctly summarized. The jury supportably could have found that defendant-appellant Byron Polk, over the course of some four months, engaged in online conversations with a person whom he presumed to be a thirteen-year-old girl.…

2Cases cited23 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Gall v. United StatesSupreme Court of the United States · 2007
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. Atkins v. VirginiaSupreme Court of the United States · 2002

18 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. BrueggerSupreme Court of Iowa · 2009
  2. United States v. MalloyCourt of Appeals for the Fourth Circuit · 2009
  3. United States v. ReingoldCourt of Appeals for the Second Circuit · 2013
  4. United States v. Rivera-RupertoCourt of Appeals for the First Circuit · 2017
  5. United States v. John DowellCourt of Appeals for the Fourth Circuit · 2014

31 more not listed; retrieve them via the Exa API.

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