United States v. Donald Louis Weis

MELLOY, Circuit Judge.

Donald Louis Weis pleaded guilty to receiving child pornography, in violation of 18 U.S.C. § 2252(a)(2). The district court 1 determined that Weis’s prior conviction for assault with intent to commit sexual abuse triggered the statutory mandatory minimum provisions of 18 U.S.C. § 2252(b)(1). Accordingly, the district court sentenced Weis to the enhanced mandatory minimum term of incarceration: fifteen years. Weis appeals, arguing that his prior conviction is not a proper predicate felony pursuant to § 2252(b)(1), and that his sentence of fifteen years violates the Eighth…