U.S. v. Brucker

Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration, which represented statutory minimum on charges of attempting to entice minor to engage in sexual activity under 18 USC section 2422(b) and of attempting to transfer obscene material. Ct. rejected defendant's claim that legislature could not constitutionally enact any statutory minimum sentence which takes away all discretion from sentencing judge. Moreover, Ct. rejected defendant's additional claims that: (1) section 2422(b) lacks rational basis for treating him same as individuals who are involved with actual minors; and (2) instant mandatory minimum sentence violated 8th Amendment's prohibition against cruel and unusual punishment.