United States v. Daniel Szymanski

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 of child pornography, with which he was not charged and which, he alleges, is substantially similar if not identical to the receipt charge — does not…