U.S. v. Barrow

Full title: UNITED STATES OF AMERICA v. ERIC BARROW, Defendant

Court: United States District Court, S.D. Alabama, Southern Division

Date published: Jan 25, 2011

Criminal Action No. 09-00179-KD-M (S.D. Ala. Jan. 25, 2011)

Opinion

Criminal Action No. 09-00179-KD-M.

January 25, 2011

ORDER

KRISTI DuBOSE, Magistrate Judge

This matter is before the Court on the Defendant's "Motion to Declare 18 U.S.C. § 2251(a) Unconstitutional as Applied to Eric Barrow in this Case" (Doc. 80) and the Government's Response (Doc. 84).

Defendant Barrow — who in May 2010 plead guilty to a four (4) count indictment charging possession, distribution and production of child pornography — now requests that the Court declare unconstitutional 18 U.S.C. § 2251(a) and the related penalty provision 18 U.S.C. § 2251(e). In so doing, Defendant Barrow claims that the mandatory minimum sentence of fifteen (15) years is unconstitutional because "such a sentence is cruel and unusual and in violated [sic] of the Eighth Amendment[.]" (Doc. 80 at 2-3). Upon consideration, for those reasons stated in the Government's Response (Doc. 84), Defendant Barrow's motion is due to be denied.

Accordingly, it is ORDERED that the Defendant's "Motion to Declare 18 U.S.C. § 2251(a) Unconstitutional as Applied to Eric Barrow in this Case" (Doc. 80) is DENIED. DONE and ORDERED this the 25^th day of January 2011.