United States Second Circuit

In a conviction of defendant for knowingly receiving and possessing child pornography, district court's application of a 15-year mandatory minimum sentence under 18 U.S.C. section 2552A(b)(1), which applies to defendants convicted of certain federal child pornography offenses who have a prior conviction "under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward," is vacated and remanded, as the district court erred in: 1) employing the "modified categorical approach" to analyze the facts underlying his prior state conviction for endangering the welfare of a child; and 2) under the proper "categorical approach" standard, his prior state conviction does not qualify as a section 2552A(b)(1) predicate offense.

Appellate Information

• Decided 08/27/2012
• Published 08/27/2012

Judges

• Lynch,

Court

• United States Second Circuit

Counsel