United States v. Kraemer, No. 18-2454 (7th Cir. 2019)
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Officers discovered downloads of child pornography from an IP address associated with Kraemer’s residence. FBI agents executed a search warrant and found an external hard drive containing images of child pornography. Kraemer later admitted that he possessed child pornography, that he searched for child pornography using specific search terms, and that his collection of child pornography totaled about 100,000 files. Kraemer pleaded guilty to one count of possession of child pornography, 18 U.S.C. 2252(a)(4)(B). At sentencing, the court determined that Kraemer’s prior Wisconsin convictions for first‐degree and second‐degree sexual assault of a child constituted convictions “relating to … abusive sexual conduct involving a minor” that triggered a 10‐year, mandatory minimum sentence, 18 U.S.C. 2252(b)(2), and imposed a sentence of 133 months’ imprisonment, followed by eight years of supervised release. The Seventh Circuit affirmed. The applicable federal enhancement statute, section 2252(b)(2), requires only that a prior state statute of conviction “relat[e] to,” rather than be fully equivalent to, “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” Kraemer’s first‐degree sexual assault conviction is one “relating to” abusive sexual conduct involving a minor despite a slight difference
in the maximum age of the victim under state and federal law.
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