Charles Victor Flint v. United States
SocialSecurity Securities Immigration
Whether a state sexual offense that criminalizes conduct more broadly than federal offenses triggers a mandatory minimum sentence under 18 U.S.C. § 2252A(b)(2)
QUESTION PRESENTED Under 18 U.S.C. § 2252A(b)(2), a defendant convicted of possessing child : pornography is subject to a 10-year mandatory minimum prison sentence if he has a prior state conviction “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, ' mailing, sale, distribution, shipment, or transportation of child pornography .. . .” The question presented, on which the circuits are divided, is: Whether § 2252A(b)(2)’s recidivism enhancement applies to a state sexual offense that criminalizes conduct more broadly than the corresponding federal offenses of aggravated sexual abuse, sexual abuse, sexual abuse of a minor, or those covering child pornography. RELATED CASES Final judgment entered in the United States District Court for the District of Wyoming on October 2, 2023. United States v. Flint, no. 2:23-cr-00067-ABJ-1 (D. Wyo.) (Oct. 2, 2028). The Tenth Circuit Court of Appeals affirmed judgment in an unpublished opinion on July 30, 2024. United States v. Flint, no. 23-8069 (10th Cir. July 30, 2024).