United States v. Gauld, No. 15-1690 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit granted en banc review and held that a state juvenile delinquency adjudication is a "prior conviction" under 18 U.S.C. 2252(b)(1). The en banc court held that, because federal law distinguishes between criminal convictions and juvenile delinquency adjudications, and because section 2252(b)(1) mentions only convictions, juvenile delinquency adjudications do not trigger that statute's 15-year mandatory minimum sentence. Accordingly, the en banc court vacated defendant's sentence and remanded for resentencing.
Court Description: Smith, Author, for the Court En Banc] Criminal case - Sentencing. For the panel's opinion in the matter, see United States v. Gauld, 833 F.3d 941 (8th Cir. 2016). A state juvenile-delinquency adjudication is not a prior conviction under 18 U.S.C. Sec. 2252(b)(1); to the extent United States v. Woodward, 694 F.3d 950 (8th Cir. 2012) held otherwise, it is overruled; defendant's 15-year sentence is vacated, and the matter is remanded for resentencing.
This opinion or order relates to an opinion or order originally issued on August 18, 2016.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.