whether the Eleventh Circuit Court of Appeals erred in relying upon a now-excised provision to trigger a mandatory minimum penalty under 18 U.S.C. § 2251(e)

QUESTION PRESENTED Article 120 of the Uniform Code of Military Justice (10 U.S.C. § 920) was broadened in 2006 to include crimes of “indecent acts.” Article 120 was reamended in 2011 to excise the indecent acts provision. Petitioner was charged and convicted of an indecent act in 2011 during the brief period it was a crime under Article 120. That same conviction was relied upon to trigger an enhanced 25 to 50 year sentence range under 18 U.S.C. § 2251(e). The question presented is: whether the Eleventh Circuit Court of Appeals erred in relying upon a now-excised provision to trigger a mandatory minimum penalty under 18 U.S.C. § 2251¢e). i