United States v. Miller, No. 15-13555 (11th Cir. 2016)
Annotate this CaseDefendant was found guilty of three counts of producing child pornography and one count of committing those crimes while under obligation to register as a sex offender. On appeal, defendant challenged his conviction and his sentence on the three counts of producing child pornography. The court concluded that the district court did not err by refusing to give one of defendant's proposed jury instructions where the government was not required to prove that making explicit photographs was defendant’s sole or primary purpose for enticing the minor to engage in sexually explicit conduct because it was enough to show that it was “a purpose” for doing so; the 25-year statutory mandatory minimum in 18 U.S.C. 2251 applies to any defendant with a prior conviction relating to “abusive sexual contact involving a minor or ward,” as well as to any defendant with a prior conviction relating to “aggravated sexual abuse” or “sexual abuse,” whether or not that conviction involved a minor; and the district court did not err in enhancing defendant's sentence under section 2251(e) based on defendant's prior conviction for sexual battery because it clearly relates to "sexual abuse" as that term is generally understood. Accordingly, the court affirmed the judgment.
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