United States v. Wile, No. 10-30224 (9th Cir. 2011)
Annotate this CaseDefendant pleaded guilty in federal court to one count of receipt of child pornography in violation of 18 U.S.C. 2252A(a)(1),(2), and the district court applied an enhanced sentence of 40 years imprisonment in light of defendant's prior attempted sexual assault in violation of Mont. Code Ann. 45-5-103. At issue was whether a prior conviction for attempted sexual assault under Montana law was a predicate offense triggering the application of the enhanced sentencing range. The court held that the statute and the case law made clear that an attempt under Montana law "relates to" the completed offense. Therefore, the court held that a conviction for attempted sexual assault under Montana law "relates to" sexual abuse within the meaning of section 2252A(b)(1). Accordingly, the court held that the district court did not err in applying the sentencing enhancement.
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