United States v. Allen
750 F.3d 209
2d Cir.2014Background
- Allen pled guilty to transporting, receiving, and possessing child pornography in violation of 18 U.S.C. § 2252A.
- The district court applied enhancements under § 2252A(b)(1)-(2) based on a 2000 New York conviction for Sexual Abuse in the Second Degree under NY Penal Law § 130.60.
- The NY conviction involved touching a thirteen-year-old boy’s genitalia; Allen was sentenced to nine months in state prison.
- The government filed a § 2252A(b) special information asserting the NY conviction related to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor.
- Allen argued that the NY statute should not be treated as enabling enhancements because it differs from federal definitions and may not fit the ‘relating to’ standard.
- The district court applied a categorical approach and held Allen’s NY conviction falls within ‘a law relating to’ sexual abuse of a minor, justifying enhanced penalties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NY § 130.60(2) relates to sexual abuse of a minor for § 2252A(b). | Allen argues NY definition is broader and not aligned with federal § 2243. | Allen's prior state offense relates to sexual abuse of a minor under § 2252A(b)(2) as interpreted broadly. | Relates to sexual abuse of a minor; qualifies for enhancement. |
| Whether the categorical approach applies to § 2252A(b) enhancements. | N/A | N/A | Applied; state offense evaluated by its elements and not by particular conduct. |
| Whether Barker governs interpreting 'relating to' in § 2252A(b)(2) in the § 2252A context. | N/A | N/A | Barker controls; broad interpretation of 'relating to' applies to § 2252A. |
Key Cases Cited
- Barker v. United States, 723 F.3d 315 (2d Cir. 2013) (broadly defines 'relating to' for § 2252(b)(2))
- Descamps v. United States, 570 U.S. 254 (S. Ct. 2013) (categorical approach clarified for predicate offenses)
- United States v. Simard, 731 F.3d 156 (2d Cir. 2013) (applies categorical approach to § 2252A cases)
- Beardsley v. United States, 691 F.3d 252 (2d Cir. 2012) (discusses application of § 2252A enhancements)