United States Second Circuit

Defendant's sentence for possession of child pornography, which included an enhancement under 18 U.S.C. section 2252(b)(2) that requires a minimum term of imprisonment of ten years, is affirmed, where: 1) section 2252(b)(2) applies when a defendant is found guilty of possessing child pornography and was previously convicted under state law of a crime "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward;" and 2) section 2252(b)(2) does not require that a prior state‐law aggravated sexual abuse or sexual abuse conviction involve a minor, because the phrase "involving a minor or ward" modifies only "abusive sexual conduct."

Appellate Information

• Decided 05/15/2014
• Published 05/15/2014

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel