United States v. Becker
2010 U.S. App. LEXIS 24517
| 10th Cir. | 2010Background
- Becker appealed his sentence for receipt and possession of child pornography under 18 U.S.C. § 2252(a)(2) and (a)(4)(B).
- PSR calculated mandatory minimums under § 2252(b)(1) and (2) based on Becker's Illinois conviction for Indecent Solicitation of a Child.
- The Illinois conviction occurred when Becker attempted to solicit a person he believed to be a minor for sexual acts; the target was actually a police officer.
- District court applied the § 2252(b) mandatory minimums and sentenced Becker to 180 months for receipt and 120 months for possession, running concurrently.
- Becker argued that his Illinois conviction does not fall within § 2252(b)(1)–(2) because it involved an inchoate crime and an adult officer as the target.
- The court reviewed de novo whether the predicate conviction falls within the broad meaning of “relating to” under § 2252(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 2252(b)’s 'relating to' have a broad meaning? | Becker argues for a narrow construction excluding his Illinois conviction. | United States contends 'relating to' is broad and covers Becker’s predicate. | Relating to is broad; statutory minimum applies. |
| Does Becker’s Illinois indecent solicitation of a child conviction relate to sexual abuse of a minor? | Becker insists the inchoate, belief-based nature excludes relation. | Government asserts the conviction relates to sexual abuse of a minor because of intent to commit listed offenses. | Yes, it relates to sexual abuse of a minor and triggers § 2252(b). |
| Did the district court properly apply § 2252(b) based on Becker’s predicate? | Becker contends the district court erred in applying the minimums. | Government maintains proper application under McCutchen and related precedent. | Yes; the sentence and mandatory minimums were proper. |
Key Cases Cited
- Morales v. Trans World Airlines, 504 U.S. 374 (U.S. 1992) (relating to carries broad ordinary meaning)
- United States v. McCutchen, 419 F.3d 1122 (10th Cir. 2005) (broad interpretation of 'relating to' in § 2252(b))
- United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007) (agreeing that 'relating to' has broad meaning; rejecting Hubbard's rationale)
- United States v. McGrattan, 504 F.3d 608 (6th Cir. 2007) (rejects McCutchen's approach; adopts a categorical view in some circuits)
- United States v. Stults, 575 F.3d 834 (8th Cir. 2009) (inchoate offense can relate to minor abuse under § 2252(b))
- United States v. Weis, 487 F.3d 1148 (8th Cir. 2007) (intent to commit sexual abuse demonstrates relation to sexual abuse)
- United States v. Rezin, 322 F.3d 443 (7th Cir. 2003) (application of broad 'relating to' interpretation in § 2252A(b)(1))