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In the underlying case, a federal judge sentenced Andre Haymond to an additional five years in prison, the mandatory minimum, after finding that Haymond had violated his parole by possessing child porn. Probation officers caught Haymond with the images in a surprise 2015 search of his apartment while Haymond was two years into a 10-year term of supervised release for an earlier child-porn conviction. [...] "Regardless how this statute describes the additional punishment it imposes, the triggering of a new mandatory minimum prison term requires both factfinding by a jury and proof beyond a reasonable doubt," said Kilaru, whose firm filed an amicus brief in the case on behalf of the National Association of Criminal Defense Lawyers and the advocacy group Families Against Mandatory Minimums.
Probation officers caught Haymond with the images in a surprise 2015 search of his apartment while Haymond was two years into a 10-year term of supervised release for an earlier child-porn conviction. [...] "Regardless how this statute describes the additional punishment it imposes, the triggering of a new mandatory minimum prison term requires both factfinding by a jury and proof beyond a reasonable doubt," said Kilaru, whose firm filed an amicus brief in the case on behalf of the National Association of Criminal Defense Lawyers and the advocacy group Families Against Mandatory Minimums.
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