United States v. Mateen, No. 14-4165 (6th Cir. 2015)
Annotate this CaseMateen pled guilty to possession of child pornography, 18 U.S.C. 2252. A few years earlier, Mateen had pled guilty to gross sexual imposition, Ohio Code 2907.05, which prohibits sexual contact that is non-consensual by virtue of force or threats of force; administration of drugs or other intoxicants; a victim less than 13 years old; or a victim substantially impaired in his ability to resist or consent. A violation of section 2252(a)(4) carries a maximum sentence of 10 years for first-time violators, but the statute includes a sentencing enhancement for offenders with certain qualifying convictions, including those “under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” Such a person “shall be . . . imprisoned for not less than 10 years nor more than 20 years.” At sentencing, the district court found that Mateen’s Ohio conviction “categorically” qualified for enhancement, defining “abuse” as “misuse . . . to use or treat so as to injure, hurt, or damage . . . to commit indecent assault on” and “sexual” as “intent to seek sexual or libidinal gratification,” and sentenced Mateen to 130 months’ imprisonment. The Sixth Circuit affirmed.
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