United States v. Nagel

KAPALA, District Judge.

Michael E. Nagel, pled guilty to attempting to entice a minor to engage in a criminal sexual act in violation of 18 U.S.C. § 2422(b) and was sentenced to the mandatory minimum ten-year term of imprisonment. On appeal, argues that the mandatory minimum sentence violates the Fifth and Eighth Amendments to the United States Constitution because it is not subject to a “safety valve” allowing for a sentence below the mandatory minimum term. We affirm.

I. Background

By indictment, the government charged that defendant violated § 2422(b) when he:

used a facility and means of…