United States Second Circuit

A sentence of 121 months' imprisonment imposed on defendant after he pleaded guilty to possessing child pornography, based on the application of a mandatory ten-year minimum triggered by defendant's prior conviction for lewd or lascivious conduct with a child, is affirmed, where: 1) the district court should have applied the categorical approach, not the modified categorical approach, to determine whether defendant's prior conviction triggered the sentencing enhancement; and 2) despite this error, the district court ultimately was correct to apply the mandatory ten-year minimum because, under the categorical approach, the statute under which defendant was convicted previously, is a state law that relates to abusive sexual conduct involving a minor or ward.

Appellate Information

• Decided 09/10/2013
• Published 09/10/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel