Legal Opinion

United States v. William Gauld

Court of Appeals for the Eighth Circuit

Decided August 1, 2017No. 15-1690PublishedCited by 5 opinions

1Opinion of the Court

SMITH, Chief Judge.

The mandatory minimum sentence for receiving child pornography in violation of 18 U.S.C. § 2252(a)(2) is five years’ imprisonment. Id. § 2252(b)(1). But if the defendant has a “prior conviction” under state law “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward,” then the mandatory minimum sentence is 15 years’ imprisonment. Id. We granted en banc review to consider whether a state juvenile-delinquency adjudication is a “prior conviction” under § 2252(b)(1). Because it is not, we vacate William Gauld’s 15-year sentence…

2Cases cited16 opinions

  1. Kimbrough v. United StatesSupreme Court of the United States · 2007
  2. Dean v. United StatesSupreme Court of the United States · 2017
  3. United States v. GrahamCourt of Appeals for the Sixth Circuit · 2010
  4. United States v. Brian N. (A Juvenile Male), United States of America v. Craig J.B. (A Juvenile Male)Court of Appeals for the Tenth Circuit · 1990
  5. United States v. Juvenile Male J.H.H., United States of America v. Juvenile Male L.M.J., United States of America v. Juvenile Male R.A.V.Court of Appeals for the Eighth Circuit · 1994

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. Ronald AryCourt of Appeals for the Fifth Circuit · 2018
  2. United States v. Christopher JepsenCourt of Appeals for the Eighth Circuit · 2019
  3. Liley v. United StatesDistrict Court, E.D. Missouri · 2024
  4. United States v. JepsenDistrict Court, N.D. Iowa · 2018
  5. United States v. Joshua SchatzCourt of Appeals for the Seventh Circuit · 2026

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API