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United States v. Bach

400 F.3d 622 (2005)

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United States v. Bach

United States Court of Appeals for the Eighth Circuit

400 F.3d 622 (2005)

Facts

Dale Bach (plaintiff) was a registered sex offender with a prior conviction in Minnesota for criminal sexual conduct with a 14-year-old boy. Following a report from a concerned mother about contact between Bach and her minor son, the St. Paul Police Department discovered that Bach was in contact with multiple minors and was engaged in the digital transmission of child pornography. Bach was charged under federal law for employing a minor in interstate commerce to produce visual content of the minor engaged in sexually explicit conduct. Bach was convicted and sentenced to 15 years in prison, the federal mandatory minimum sentence. The district court held that the mandatory minimum sentence applied because Bach had a prior state conviction for an offense related to the sexual exploitation of children. Bach appealed, arguing that the 15-year mandatory minimum did not apply to him because his prior conviction was for child sexual abuse, not child sexual exploitation.

Rule of Law

Issue

Holding and Reasoning (Murphy, J.)

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