United States v. Spence
2011 U.S. App. LEXIS 23248
| 4th Cir. | 2011Background
- Spence was charged in 2009 with possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B).
- Spence pleaded guilty pursuant to a plea agreement.
- The government sought the 10-year statutory minimum under the sexual abuse enhancement based on Spence's 2003 ABHAN conviction in South Carolina.
- The district court, initially unsure ABHAN related to aggravated sexual abuse or sexual conduct with a minor, applied the modified categorical approach to examine the ABHAN indictment and found it described indecent liberties with a female and related aggravating factors.
- Spence argued the ABHAN conviction could not serve as a predicate; the court impliedly rejected this, applying the enhancement and imposing the 10-year minimum; the district court’s ruling was reviewed on appeal and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ABHAN qualify as a predicate offense under §2252A(b)(2)? | Spence: ABHAN does not relate to sexual abuse. | Spence: ABHAN should not qualify; elements do not require sexual acts. | ABHAN qualifies under the sexual abuse enhancement. |
| May the court apply the modified categorical approach to determine the predicate? | Government: use of modified categorical approach appropriate. | Spence: only a categorical approach should be used. | Both categorical and modified categorical approaches may be used. |
| What is the proper interpretation of the phrase 'relating to' in §2252A(b)(2)? | Narrow vs broad interplay; the phrase should be read broadly to include related conduct. | Spence: interpret narrowly to require clear sexual-conduct relation. | The phrase is broad; 'relating to' encompasses conduct described by the indictment. |
| Did the indictment provide a reliable basis to relate ABHAN to sexual abuse for the enhancement? | Indictment described indecent liberties and aggravating factors. | Indictment alone does not prove sexual-abuse relation. | Indictment sufficiently established the relation to sexual abuse under the modified categorical approach. |
Key Cases Cited
- Taylor v. United States, 495 F.3d 575 (Supreme Court 1990) (established the general framework for categorical vs. modified categorical approaches)
- Shepard v. United States, 544 U.S. 13 (Supreme Court 2005) (limits reviewing courts to certain documents when applying the modified categorical approach)
- Chambers v. United States, 555 U.S. 122 (Supreme Court 2009) (defines the scope of the categorical approach for prior offenses)
- Harcum v. United States, 587 F.3d 219 (4th Cir. 2009) (applies the career-offender-like framework to predicate determinations)
- United States v. Diaz-Ibarra, 522 F.3d 343 (4th Cir. 2008) (discusses use of selective analysis in prior-conviction determinations)
- United States v. Hubbard, 480 F.3d 341 (5th Cir. 2007) (interprets 'involving a minor' as potentially modifying only the last category)
- United States v. McGrattan, 504 F.3d 608 (6th Cir. 2007) (applies § 2252A(b) framework in a related context)