708 F.3d 994
8th Cir.2013Background
- Zigler pled guilty to production of child pornography under 18 U.S.C. § 2251(a) and (e).
- District court held Zigler's 1988 Minnesota conviction for attempted use of a minor in a sexual performance qualified as a predicate offense for § 2251(e) enhancement.
- District court imposed a 300-month (25-year) mandatory minimum.
- Zigler appeals the judgment.
- Court applies categorical approach to determine if the prior conviction qualifies as a predicate offense; affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Zigler's 1988 Minnesota conviction qualify as a predicate under §2251(e)? | Zigler argues the 1988 offense does not relate to production of child pornography. | Zigler's position is that the offense relates to production. | Yes; the 1988 conviction qualifies under the categorical approach. |
Key Cases Cited
- Sonnenberg v. United States, 556 F.3d 667 (8th Cir. 2009) (defines broad meaning of 'relating to' for predicate offenses and uses categorical approach)
- United States v. Lockwood, 446 F.3d 825 (8th Cir. 2006) (applies categorical approach to determine predicate offenses for §2251(e))
- Perrin v. United States, 444 U.S. 37 (Sup. Ct. 1979) (statutory interpretation principle: ordinary meaning of terms)
- United States v. Williams, 627 F.3d 324 (8th Cir. 2010) (reiterates limitation of considering the defendant's specific conduct under the categorical approach)