United States v. Krebs, No. 15-2348 (8th Cir. 2016)
Annotate this CaseDefendant plead guilty to possession of child pornography. The district court concluded that defendant's prior conviction under Iowa law for indecent contact with a child in 1982 qualified as a predicate offense under 18 U.S.C. 2252(b)(2), and sentenced defendant to 120 months’ imprisonment. Section 2252(b)(2) requires a mandatory minimum term of ten years’ imprisonment for any person who violates 2252(a)(4) and who has a prior conviction “under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” The court concluded that defendant's argument that his prior conviction for indecent contact with a child does not satisfy the definitions of aggravated sexual abuse, sexual abuse, or abusive sexual contact found in a separate statutory chapter (Chapter 109A), is foreclosed by United States v. Sonnenberg. Accordingly, the court rejected defendant's remaining contentions and affirmed the judgment.
Court Description: Colloton, Author, with Shepherd, Circuit Judge, and Moody, District Judge] Criminal case - Sentencing. Defendant's argument that his prior conviction for indecent contact with a child does not satisfy the definitions of aggravated sexual abuse, sexual abuse or abusive sexual conduct found in a separate statutory chapter (Chapter 109A), so that his conviction should not trigger the sentencing enhancement in 18 U.S.C. Sec. 2252(b)(2), is foreclosed by circuit precedent - see U.S. v. Sonnenberg, 556 F.3d 667 (8th Cir. 2009).
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.