United States v. Barker, No. 12-2553 (2d Cir. 2013)Annotate this Case
Defendant appealed his sentence after pleading guilty to possession of child pornography. The court concluded that because Vermont's statutory rape provision under which defendant was convicted was non-divisible, the district court should have applied a categorical approach, without recourse to the underlying facts of defendant's state convictions. The court also concluded that, under the categorical approach, Vermont's statutory rape provision was related to abusive sexual conduct involving a minor within the meaning of 18 U.S.C. 2252(b)(2), thereby triggering that section's sentencing enhancement. Accordingly, the court affirmed the district court's judgment.