United States Sixth Circuit

A sentence for using a computer connected to the internet to persuade a minor to engage in illegal sexual activity and knowingly receiving and distributing child pornography is vacated where, for purposes of imposing a higher mandatory minimum sentence, a prior Ohio state misdemeanor offense did not categorically qualify as a prior offense under federal law, and the government did not provide sufficient documentation of defendant's actual conduct in that offense.

Appellate Information

• Decided 10/10/2007
• Published 10/10/2007

Judges

• Before:  DAUGHTREY and GIBBONS, Circuit Judges;  SCHWARZER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Vanessa F. Malone, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.  Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.   ON BRIEF:  Vanessa F. Malone, Dennis G. Terez, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.  Michael L. Collyer, Assistant United States Attorney, Cleveland, Ohio, for Appellee.