United States v. Lockhart, No. 13-602 (2d Cir. 2014)Annotate this Case
Defendant appealed the district court's application of a sentencing enhancement pursuant to 18 U.S.C. 2252(b)(2), which requires a minimum term of imprisonment of ten years. The enhancement applied when a defendant is found guilty of possessing child pornography and was previously convicted under state law of a crime "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." Defendant had previously been convicted in state court of first degree sexual abuse of his fifty-three year-old girlfriend. The court affirmed the judgment of the district court, concluding that section 2252(b)(2) does not require that a prior state-law aggravated sexual abuse or sexual abuse conviction involve a minor.