United States v. Sinerius
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We are called upon to determine whether a federal defendant’s prior conviction for “sexual assault” under Montana state law triggers an enhanced penalty under the sentencing provisions applicable to his federal crimes.
I
In 2005, Arthur Emil Sinerius, Jr. was indicted by a federal grand jury for receipt of child pornography (“Count I”) and possession of child pornography (“Count II”), in violation of 18 U.S.C. §§ 2252A(a)(2) and 2252A(a)(5)(B) respectively. Sinerius subsequently pled guilty to both counts, and also agreed to forfeiture of his computer pursuant to 18…
2Cases cited14 opinions
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