United States v. David Knowles
2016 U.S. App. LEXIS 6113
| 8th Cir. | 2016Background
- Knowles pleaded guilty to receiving and distributing child pornography under 18 U.S.C. § 2252(a)(2). The indictment notified him that a prior Nebraska conviction might trigger the 15-year mandatory minimum under § 2252(b)(1).
- Knowles’s prior conviction was for third-degree sexual assault under Neb. Rev. Stat. § 28-320, a statute criminalizing nonconsensual "sexual contact." The Nebraska definition of "sexual contact" includes touching for sexual arousal or gratification and touching of a child by the actor’s sexual parts.
- At his change-of-plea hearing Knowles disputed that his Nebraska conviction fell within the § 2252(b)(1) enhancement because he argued the phrase "involving a minor or ward" modifies all three offense categories in the statute, and his Nebraska statute does not require a minor victim.
- The Eighth Circuit stayed the appeal pending the Supreme Court’s decision in Lockhart v. United States, which addressed whether "involving a minor or ward" modifies all three enumerated prior-conviction categories or only the immediately preceding one.
- Lockhart held that the phrase modifies only "abusive sexual conduct," so "aggravated sexual abuse" and "sexual abuse" need not have involved a minor. The court applied Lockhart to § 2252(b)(1).
- Applying the categorical approach (Taylor), the court concluded Nebraska § 28-320 convictions categorically ``relate to ... sexual abuse,'' so Knowles’s prior conviction triggered the § 2252(b)(1) 15-year mandatory minimum.
Issues
| Issue | Knowles' Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the phrase "involving a minor or ward" modifies all three listed prior-conviction categories in § 2252(b)(1) | Phrase modifies all three categories, so Nebraska conviction that does not require a minor cannot trigger enhancement | Phrase modifies only the immediately preceding category ("abusive sexual conduct") so convictions for "sexual abuse" or "aggravated sexual abuse" need not involve a minor | The phrase modifies only "abusive sexual conduct;" § 2252(b)(1) enhancement applies to prior convictions for "aggravated sexual abuse" or "sexual abuse" even if no minor was involved (Lockhart controls) |
| Whether Knowles’s Nebraska third-degree sexual assault conviction categorically qualifies as "sexual abuse" under § 2252(b)(1) | The Nebraska statute does not require a minor; thus it cannot categorically be "sexual abuse involving a minor" and should not trigger enhancement | Under the categorical approach, Nebraska’s definition of "sexual contact" fits within federal "sexual abuse" so the conviction categorically relates to "sexual abuse" and triggers enhancement | Using the categorical approach, Nebraska § 28-320 convictions categorically relate to "sexual abuse," so Knowles’s prior conviction triggered the mandatory 15-year minimum; court need not consider underlying facts (Descamps unnecessary) |
Key Cases Cited
- Lockhart v. United States, 136 S. Ct. 958 (Supreme Court 2016) (holding "involving a minor or ward" modifies only the immediately preceding category)
- Taylor v. United States, 495 U.S. 575 (1990) (establishing the categorical approach for prior-conviction analysis)
- Descamps v. United States, 133 S. Ct. 2276 (2013) (limiting district courts from using underlying conduct when the statute is indivisible)
- United States v. Sonnenberg, 556 F.3d 667 (8th Cir. 2009) (applying the categorical approach to § 2252(b)(1) enhancement analysis)
- United States v. Cover, 703 F.3d 477 (8th Cir. 2013) (holding Nebraska’s statutory definition of "sexual contact" fits federal "sexual abuse" definition)