Legal Opinion

United States v. Kerby Gross

Court of Appeals for the Seventh Circuit

Decided February 14, 2006No. 05-1583PublishedCited by 36 opinions

1Opinion of the Court

KANNE, Circuit Judge.

Kerby Gross has had a sad and troubled life marked by his experiences as a victim and perpetrator of child sexual abuse. He is before us after pleading guilty to distributing child pornography, and he asks us to consider whether the application of the mandatory minimum sentence in 18 U.S.C. § 2252A(b)(l) to him constitutes cruel and unusual punishment in violation of the Eighth Amendment. Because we conclude that Gross’s sentence of fifteen years (the mandatory minimum) is not grossly disproportionate and therefore does not violate the Eighth Amendment, we affirm.

I.…

2Cases cited8 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. New York v. FerberSupreme Court of the United States · 1982
  4. Rummel v. EstelleSupreme Court of the United States · 1980
  5. Ewing v. CaliforniaSupreme Court of the United States · 2003

3 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. United States v. James E. MacEwanCourt of Appeals for the Third Circuit · 2006
  2. United States v. ReingoldCourt of Appeals for the Second Circuit · 2013
  3. United States v. Donald Louis WeisCourt of Appeals for the Eighth Circuit · 2007
  4. United States v. WaldripCourt of Appeals for the Seventh Circuit · 2017
  5. United States v. NagelCourt of Appeals for the Seventh Circuit · 2009

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API