United States v. Barker

Defendant-Appellant Richard Barker (Barker) appeals from a June 15, 2012 judgment of the United States District Court for the District of Vermont (Reiss, C.J.) sentencing him to 120 months’ imprisonment after he pleaded guilty to possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). The district court applied a modified categorical approach in determining that Barker’s prior state-court conviction under Vermont’s former statutory rape law, Vt. Stat. Ann. tit. 13, § 3252(a)(3) (1990), triggered the mandatory minimum ten-year sentence found in 18 U.S.C. § 2252(b)(2) as a…