United States v. William Gauld
2017 U.S. App. LEXIS 13921
| 8th Cir. | 2017Background
- William Gauld created an online profile, posted sexually explicit images and comments about young boys, and downloaded child pornography; investigators found 921 images and 66 videos.
- Gauld pleaded guilty to receiving child pornography in violation of 18 U.S.C. § 2252(a)(2).
- The PSR treated a prior state juvenile-delinquency adjudication for criminal sexual conduct involving a minor as a "prior conviction," triggering § 2252(b)(1)’s 15-year mandatory minimum and raising his Guidelines range.
- Gauld objected to counting the juvenile adjudication as a prior conviction; the district court sustained one PSR objection but, citing Eighth Circuit precedent, retained the 15-year mandatory minimum and imposed that term.
- A panel affirmed based on United States v. Woodard; the court granted rehearing en banc to decide whether a state juvenile-delinquency adjudication is a "prior conviction" under § 2252(b)(1).
- The en banc court held juvenile-delinquency adjudications are not "prior convictions" for § 2252(b)(1), vacated Gauld’s 15-year sentence, overruled Woodard to the extent it conflicted, and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a state juvenile-delinquency adjudication counts as a "prior conviction" under 18 U.S.C. § 2252(b)(1) | Gauld: juvenile adjudication is not a conviction and should not trigger the 15-year mandatory minimum | Government (and prior precedent): juvenile adjudication counts as a prior conviction and triggers the 15-year minimum | Juvenile-delinquency adjudications are not "prior convictions" under § 2252(b)(1); do not trigger 15-year minimum |
| Whether Woodard remains controlling precedent | Gauld: Woodard was wrongly decided and should be overruled | Government: relied on Woodard at earlier stages (but agreed here juvenile adjudications are not convictions) | To the extent Woodard held juvenile adjudications count, it is overruled |
Key Cases Cited
- United States v. Woodard, 694 F.3d 950 (8th Cir. 2012) (prior panel decision addressing juvenile adjudications under § 2252)
- United States v. Storer, 413 F.3d 918 (8th Cir. 2005) (federal definition issues and treating certain deferred adult adjudications as convictions)
- Fagerstrom v. United States, 311 F.2d 717 (8th Cir. 1963) (juvenile adjudication is not a criminal conviction)
- United States v. R.L.C., 915 F.2d 320 (8th Cir. 1990) (juvenile adjudication is a status determination, not a conviction)
- United States v. Juvenile L.W.O., 160 F.3d 1179 (8th Cir. 1998) (same distinction reiterated)
- United States v. Brian N., 900 F.2d 218 (10th Cir. 1990) (juvenile proceedings avoid stigma of criminal conviction)
- Dean v. United States, 137 S. Ct. 1170 (2017) (Congressional silence should not be read to alter sentencing practices when Congress knows how to speak clearly)
- United States v. Acosta, 287 F.3d 1034 (11th Cir. 2002) (contrasting approach treating certain youthful-offender findings as convictions under other statutes)