United States v. Gardner
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
JULIA SMITH GIBBONS, Circuit Judge.
The government appeals the district court’s decision not to apply a fifteen-year mandatory minimum sentence under 18 U.S.C. § 2252A(b)(l) following defendantappellee Daniel Roy Gardner’s guilty plea for receipt and possession of child pornography. For the reasons that follow, we affirm the district court’s decision.
I
Gardner, born in Idaho Falls, Idaho, in 1952, left home in 1970 and served in the United States Navy for twenty-one years. He lived in Chesapeake, Virginia, from 1991 to 1994 and then in Greenbrier, Tennessee, from 1994 to 2002. In 2002,…
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