1 The Honorable Ronald E. Longstaff, United States District Judge for the
Southern District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
United States of America,
* Appeal from the United States
* District Court for the Southern
* District of Iowa.
Donald Louis Weis,
Submitted: March 14, 2007
Filed: May 17, 2007 (corrected May 25, 2007)
Before MELLOY, SMITH, and BENTON, Circuit Judges.
MELLOY, Circuit Judge.
Donald Louis Weis pleaded guilty to receiving child pornography, in violation
of 18 U.S.C. § 2252(a)(2). The district court1 determined that Weis’s prior conviction
for assault with intent to commit sexual abuse triggered the statutory mandatory
minimum provisions of 18 U.S.C. § 2252(b)(1). Accordingly, the district court
sentenced Weis to the enhanced mandatory minimum term of incarceration: fifteen
years. Weis appeals, arguing that his prior conviction is not a proper predicate felony
pursuant to § 2252(b)(1), and that his sentence of fifteen years violates the Eighth
Amendment’s prohibition against cruel and unusual punishment. For the reasons set
forth below, we affirm the judgment of the district court.
We rely primarily upon the presentence report (PSR) prepared by the United
States Probation Office for the relevant background. Weis did not object to any
factual information contained in the PSR. See United States v. Wintermute, 443 F.3d
993, 1005 (8th Cir. 2006) (noting the court can accept as true any facts contained in
the PSR to which the defendant does not object).
On August 29, 1996, Weis pleaded guilty to assault with intent to commit
sexual abuse—no injury, a violation of Iowa Code § 709.11 and an aggravated
misdemeanor. On November 1, 1996, Weis was given a two-year suspended term of
imprisonment and sentenced to two years of probation. As a result of his conviction,
Weis was required to regis