71 F.4th 392
5th Cir.2023Background
- Sherman Moore had two Texas convictions for indecent exposure to a child (1992 deferred adjudication; 1995 conviction and prison term).
- In 2021 Moore pleaded guilty under 18 U.S.C. § 2251(a) (sexual exploitation of children).
- The PSR omitted a prior-conviction enhancement; the government moved to apply § 2251(e)’s two-prior-conviction (35-year mandatory minimum) enhancement based on Moore’s Texas convictions.
- The district court applied the enhancement and sentenced Moore to 35 years; Moore appealed, arguing the phrase “relating to the sexual exploitation of children” is limited to child-pornography offenses.
- The Fifth Circuit reviewed statutory interpretation de novo and framed the question as whether the statutory phrase covers non–pornography sexual offenses involving children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state convictions “relating to the sexual exploitation of children” under 18 U.S.C. § 2251(e) include non–child-pornography sexual offenses (e.g., indecent exposure to a child) | Government: phrase broadly covers criminal sexual conduct involving children—i.e., prior sexual-offense convictions qualify for the enhancement | Moore: phrase limits qualifying state offenses to those relating to child pornography, so his indecent-exposure convictions do not qualify | Court: phrase covers any criminal sexual conduct involving children; Moore’s indecent-exposure convictions qualify, so the 35-year enhancement stands |
Key Cases Cited
- Descamps v. United States, 570 U.S. 254 (2013) (use statutory elements—categorical approach—to assess predicate convictions)
- Taylor v. United States, 495 U.S. 575 (1990) (foundational categorical-method authority)
- Mathis v. United States, 579 U.S. 500 (2016) (distinguishing divisible statutes and comparing elements)
- United States v. Ary, 892 F.3d 787 (5th Cir. 2018) (persuasive Fifth Circuit discussion treating listed predicate offenses as types of “sexual exploitation”)
- United States v. Smith, 367 F.3d 748 (8th Cir. 2004) (held phrase covers any criminal sexual conduct with a child)
- United States v. Mills, 850 F.3d 693 (4th Cir. 2017) (defined phrase broadly as taking advantage of children for sexual purposes)
- United States v. Winczuk, 67 F.4th 11 (1st Cir. 2023) (held phrase unambiguously refers to any criminal sexual conduct involving children)
- Lorillard v. Pons, 434 U.S. 575 (1978) (presumption that Congress reenacts with knowledge of judicial interpretations)