United States v. Mark Kiefer

OPINION

NGUYEN, Circuit Judge:

Sentencing in child pornography cases can be controversial. 1 In this case, however, it is not. Mark Robert Kiefer was indicted and, pursuant to a plea agreement, pleaded guilty to one count of receiving child pornography in violation of 18 U.S.C. § 2252. Under the plea agreement, Kiefer reserved the right to appeal the constitutionality of § 2G2.2 of the United States Sentencing Guidelines (“U.S.S.G.”) and the five-year mandatory minimum sentence codified at 18 U.S.C. § 2252(b)(1). The district court sentenced Kiefer to sixty-three months imprisonment pursuant to…