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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Sentencing – Child Pornography – Prior Conviction

Criminal Law : Sentencing – Child Pornography – Prior Conviction

Where the record of a defendant in case involving receiving child pornography included a juvenile-delinquency adjudication for criminal sexual conduct involving a minor, the juvenile adjudication was not a prior conviction under Section 2252(b)(1), so a statutory 15-year mandatory minimum sentence was not triggered.

Vacated; remanded.

U.S. v. Gauld (MLW No. 70849/Case No. 15-1690 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Western District of Arkansas, Hickey, J. (Anna Marie Williams, Fayetteville, Arkansas, argued for appellant; Tiffany E. Fields and Angela L. Pitts appeared on the brief) (David Brian Goodhand, Washington, D.C., argued for appellee; Dustin S. Roberts and Parker Andrew Rider-Longmaid appeared on the brief).

Read the full text of this opinion. (PDF)