Christian Ricardo Carrillo Topete v. United States
SocialSecurity Securities Immigration
Whether a sentencing court should consult Chapter 109A offenses when determining a Chapter 110 sentencing enhancement for prior sexual abuse convictions
QUESTION PRESENTED Chapter 110 of the U.S. Code provides for a statutory sentencing enhancement for any defendant convicted of a child pornography offense after a “prior conviction ... under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” 18 U.S.C. § 2252A(b)(2). The term “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward” is undefined in Chapter 110. Chapter 109A includes the crimes of aggravated sexual abuse; sexual abuse; and sexual abuse of a minor, a ward, or an individual in federal custody. See 18 U.S.C. §§ 2241-2243. This case presents a question that has split the circuits: should a sentencing court consult the Chapter 109A offenses of aggravated sexual abuse; sexual abuse; and sexual abuse of a minor, a ward, or an individual in federal custody when deciding whether a defendant qualifies for a Chapter 110 sentencing enhancement based on a prior conviction “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward?” i