Adam Donald Bennett v. United States
CriminalProcedure Immigration
Is a Texas deferred adjudication a 'prior conviction' for purposes of the sentencing enhancement in 18 U.S.C. § 2251(e)?
QUESTIONS PRESENTED I. Is a Texas deferred adjudication a “prior conviction” for purposes of the sentencing enhancement in 18 U.S.C. § 2251(e)? II. Does the Texas crime of indecency with a child by exposure relate to generic aggravated sexual abuse, sexual abuse, or abusive sexual contact with a minor, given the broad definition of “child” in Texas and given that the Texas offense is a non-contact offense that does not even require that the child be aware of the exposure? III. Can a district court rely solely on facts gleaned from a presentence investigation report to establish guilt for an offense that resulted in a grand jury “no bill,” absent some explanation for the grand jury’s decision? IV. Was the district court’s statutory maximum sentence of 600 months substantively unreasonable when the district court did not give adequate weight to the extraordinary history of abuse imposed on Petitioner as an adolescent? i