United States v. Jaycox, No. 19-10077 (9th Cir. 2020)
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The Ninth Circuit reversed defendant's sentence imposed after he pleaded guilty to receipt of child pornography in violation of 18 U.S.C. 2252(a)(2). The panel held that defendant's prior conviction under California Penal Code section 261.5(c) is not a categorical match to the generic federal definition of sexual abuse of a minor. The panel explained that because the minimum conduct required for a conviction includes consensual sexual intercourse between an individual a day shy of eighteen and an individual who is 21 years of age, section 261.5(c) is not a categorical match to the general federal definition of sexual abuse of a minor. Although the "relating to" language in section 2252(b)(1) has a broadening effect and will allow certain flexibility at the margins, the panel cannot say that the minimum conduct criminalized under section 261.5(c) relates to abusive sexual conduct involving a minor.
Finally, because the district court determined defendant's sentence in view of the incorrect statutory and Guidelines ranges, the district court's weighing of the 18 U.S.C. 3553(a) factors was potentially affected and must be redone. Accordingly, the panel remanded for resentencing.
Court Description: Criminal Law. The panel reversed the district court’s application of a sentencing enhancement in a case in which the defendant pleaded guilty to receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2), and remanded for resentencing. Based on the defendant’s prior conviction under California Penal Code § 261.5(c), which criminalizes “unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator,” the district court applied 18 U.S.C. § 2252(b)(1), which increases the mandatory minimum sentence from five to fifteen years if a defendant 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 panel wrote that because the minimum conduct required for a conviction includes consensual sexual intercourse between an individual a day shy of eighteen and an individual who is 21 years of age, § 261.5(c) is not a categorical match to the general federal definition of sexual abuse of a minor. And although the “relating to” language in § 2252(b)(1) has a broadening effect and will allow certain flexibility at the margins, the panel could not say that the minimum conduct criminalized under § 261.5(c) relates to abusive sexual conduct involving a minor, where the California statute criminalizes conduct that is not necessarily UNITED STATES V. JAYCOX 3 abusive or against those ordinarily considered minors for age of consent purposes. The panel held that in evaluating the need to avoid unwarranted sentencing disparities under 18 U.S.C. § 3553(a), the district court did not abuse its discretion by focusing on national parity rather than giving definitive weight to the defendant’s proffered regional data. Because the district court determined the sentence in view of the incorrect statutory and Guidelines ranges, the panel concluded that the district court’s weighing of the § 3553(a) factors was potentially affected and must be redone.
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