United States v. Robert Cover

SHEPHERD, Circuit Judge.

Robert E. Cover pled guilty to possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). The offense carries a mandatory minimum sentence of ten years imprisonment if the defendant has a prior conviction “under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor....” 18 U.S.C. § 2252(b)(2) (West Supp. 2012). Cover has a prior conviction under a Nebraska statute criminalizing “[sjexual assault of a child.” Neb.Rev.Stat. § 28-320.01. The district court 1 held that the Nebraska statute…