U.S. v. Kraemer

Dist. Ct. did not err in sentencing defendant to 133-month term of incarceration on charge of possession of child pornography, where Dist. Ct. determined that defendant’s prior Wisconsin conviction for first-degree sexual assault of child who had not attained age of 13 subjected defendant to 10-year mandatory minimum sentence under 18 USC section 2252(b)(2). While defendant argued that Dist. Ct. erred in finding that his Wisconsin conviction was categorical match with 18 USC section 2242(2) so as to trigger mandatory minimum sentence, Ct. of Appeals found that: (1) there is nothing in background to section 2252(b)(2) to suggest that Congress required that state conviction have absolute direct link to particular federal offense; and (2) instant Wisconsin statute that prohibited sexual contact with minor under age of 13 “related to” and fell within heartland of “abusive sexual conduct” involving minor for purposes of applying section 2252(b)(2). Fact that there was one year difference in maximum age of victim under instant state and federal law (18 USC section 2241(c)) did not require different result.