United States v. Jepsen, No. 18-3136 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence after he pleaded guilty to possessing child pornography. The court held that defendant's prior third degree sexual abuse convictions under Iowa law were prior convictions under 18 U.S.C. 2252(b)(2); a state court order correcting the 2011 Iowa Judgment and Sentence which was entered after defendant committed his federal offense in 2014 but before he was indicted did not affect the state court jury's finding of guilt; and the Corrected Judgment and Sentence, entered in 2016 long after defendant committed this federal offense, was not based on constitutional invalidity, trial error, or actual innocence. In this case, the correction did not alter the legality of the conviction or signify that defendant was innocent of the crime.
Court Description: Loken, Author, with Colloton and Kobes, Circuit Judges] Criminal case - Sentencing.Defendant's Iowa convictions for third degree sexual abuse in violation of Iowa Code Sections 709.4(2)(b) and (2)(c)(4) were prior convictions for purposes of 18 U.S.C. Sec. 2252(b)(2), and a state court order correcting the 2011 Iowa Judgment and Sentence which was entered after defendant committed his federal offense but before he was indicted did not affect this determination; the Corrected Judgment was not based on constitutional invalidity, trial error or actual innocence, and as the Order clarifying the Corrected Judgment made clear, the correction did not alter the legality of the conviction or signify that defendant was innocent of the crime.
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