United States v. William Gauld
Court of Appeals for the Eighth Circuit
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
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- Dean v. United StatesSupreme Court of the United States · 2017
- United States v. GrahamCourt of Appeals for the Sixth Circuit · 2010
- 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
- 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
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