United States v. Rood
2012 WL 1673924
2d Cir.2012Background
- Rood pleaded guilty to six federal counts involving child pornography.
- Indictment alleged a 1991 Ohio conviction for Gross Sexual Imposition as a prior sex offense.
- District Court sentenced Rood to life imprisonment under 18 U.S.C. § 3559(e) based on the Ohio conviction.
- District Court treated the Ohio conviction as a state offense equivalent to a federal offense.
- On appeal, Rood challenged the use of § 3559(e) and the factual basis for the prior conviction.
- Court remands for de novo resentencing to reevaluate § 3559(e) applicability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio Gross Sexual Imposition is a federal‑equivalent offense for § 3559(e). | Rood argues not equivalent due to mens rea and conduct scope. | Government argues Ohio offense is equivalent to federal offense. | District Court erred; not conclusively equivalent. |
| Whether the modified categorical approach applies to the prior conviction. | Rood contends analysis requires Shepard approach. | Government supports modified categorical approach. | Applicable; requires analysis of underlying elements. |
| Whether the age of the Ohio victim was proven by judicial records. | Rood asserts age not conclusively proven by record. | Government relies on Municipal Court Statement. | Record insufficient; age not necessarily admitted. |
| Whether sentencing must be remanded for de novo determination of § 3559(e). | Rood seeks resentencing without reliance on questionable record. | Government opposes new sentencing, but recognizes remand may be needed. | Remand for de novo resentencing granted. |
Key Cases Cited
- United States v. Walker, 595 F.3d 441 (2d Cir. 2010) (modified categorical approach applies to state convictions for prior offenses)
- Shepard v. United States, 544 U.S. 13 (S. Ct. 2005) (limits use of judicial records to 'necessarily admitted' facts)
- Taylor v. United States, 495 U.S. 575 (S. Ct. 1990) (basis for using statute text to define prior offense elements)
- United States v. Green, 480 F.3d 627 (2d Cir. 2007) (remand where sentencing basis is not clearly identifiable as judicial record)
- United States v. Rosa, 507 F.3d 142 (2d Cir. 2007) (policies restricting use of non-judicial records in § 3559(e) determinations)