United States v. Allen

Defendant plead guilty to charges of transporting, receiving, and possessing child pornography. On appeal, defendant challenged the district court's determination that his prior state court conviction for Sexual Abuse in the Third Degree in violation of N.Y. Penal Law 130.60(2) subjected him to increased penalties under 18 U.S.C. 2252A(b)(1) and (b)(2) because it constituted a prior conviction under a state law "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." Applying the categorical approach, the court had little trouble concluding that defendant's prior conviction subjected him to enhanced sentencing. The court carefully considered defendant's remaining arguments and found them to be without merit. Accordingly, the court affirmed the judgment of the district court. View "United States v. Allen" on Justia Law