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United States v. Wheelock

United States Court of Appeals, Eighth Circuit

November 20, 2014

United States of America, Plaintiff - Appellee
v.
Guy Edward Wheelock, Defendant - Appellant

Submitted: October 10, 2014.

Page 826

Appeal from United States District Court for the District of Minnesota - St. Paul.

For United States of America, Plaintiff - Appellee: James Sanderson Alexander, Laura M. Provinzino, Manda M. Sertich, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of Minnesota, Minneapolis, MN.

For Guy Edward Wheelock, Defendant - Appellant: Alan D. Margoles, Michelle Speeter Margoles, MARGOLES & MARGOLES, Saint Paul, MN; Guy Edward Wheelock, FEDERAL CORRECTIONAL INSTITUTION, Forrest City, AR.

Before RILEY, Chief Judge, WOLLMAN and BYE, Circuit Judges.

OPINION

Page 827

RILEY, Chief Judge.

After law enforcement used an administrative subpoena to match Guy Edward Wheelock to a computer that downloaded child pornography through peer-to-peer software, Wheelock pled guilty to receiving child pornography in violation of 18 U.S.C. § 2252(a)(2) and (b)(1). The district court[1] sentenced Wheelock as a repeat offender to a mandatory minimum of fifteen years imprisonment. Wheelock challenges both the use of an administrative subpoena to obtain his internet service subscriber information and the constitutionality of his mandatory minimum sentence. We have appellate jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and we affirm.

I. BACKGROUND

Using investigative software, Officer Dale Hanson, of the Minneapolis Police Department, learned child pornography was available for download from a certain Internet Protocol (IP) address with Comcast Communications (Comcast) as the Internet Service Provider (ISP). Pursuant to Minn. Stat. § 388.23, Officer Hanson requested an administrative subpoena from the Hennepin County Attorney ordering Comcast to produce subscriber information associated with the identified IP address. Officer Hanson certified the information sought was " relevant to an ongoing, legitimate law enforcement investigation of Distribution of Child Pornography."

The Hennepin County Attorney faxed Comcast an administrative subpoena ordering Comcast to produce the requested information. Comcast responded, providing

Page 828

Wheelock's name, address, and other information. Officer Hanson checked this information against the Minnesota sex offender registry, which revealed Wheelock's prior ...


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