Mueller

I. Background

Defendant Stephen Mueller pleaded guilty to the charge of receiving child pornography in violation of 18 U.S.C. § 2252(a).1 That offense carries a mandatory minimum sen- 1 Section 2252(a) provides in relevant part: Any person who . . . ... knowingly receives, or distributes, any visual depiction that has been mailed, or has been shipped or transported in interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for dis- tribution in interstate or foreign commerce or through the mails, if— ... the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct ... shall be punished in accordance with subsection (b) of this sec- tion. UNITED STATES v. MUELLER 10931 tence of five years incarceration, as set forth in 18 U.S.C. § 2252(b).

Before the district court, Mueller argued that the court had discretion, under 18 U.S.C. § 3561(a), to impose a sentence of probation notwithstanding the mandatory minimum, because § 2252 does not contain language expressly precluding…