Dist. Ct. did not err in imposing enhanced, 15-year sentence on sexual exploitation of minor charges, where said enhancement under 18 USC section 2252(b) was based on defendant’s prior Indiana possession of child pornography conviction, which “related to” federal version of possession of child pornography charge. While defendant argued that his Indiana conviction did not support instant section 2252(b) enhancement because it covered conduct that was broader than federal possession of child pornography charge, Ct. in Kraemer, 933 F.3d 675, found that state statute of conviction was not required to be same or narrower than analogous federal law. As such, defendant’s Indiana possession of child pornography conviction properly supported instant enhancement, because said conviction bore connection to topic enumerated in section 2252(b) and addressed same harm.
Federal 7th Circuit Court
Criminal Court
Sentencing