Journal article
A "Minor" Inconvenience: Clarifying Whether Adult Victims Trigger a Mandatory Sentence Under 18 U.S.C. § 2252(b)(2)
Preview of United States Supreme Court cases, Vol.43(2)
01 Nov 2015
Abstract
For this offense, Lockhart received a sentence of five years' probation. Because of this previous New York state conviction, federal prosecutors contended that Lockhart was subject to the mandatory minimum sentence of at least 10 years under § 2252(b)(2), relying on a provision that allowed for a recidivist enhancement in sentencing for an individual who "has 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." According to the rule of lenity, when "a reasonable doubt persists about a statute's intended scope," the Court is compelled to adopt the more lenient interpretation.
Metrics
2 Record Views
Details
- Title
- A "Minor" Inconvenience: Clarifying Whether Adult Victims Trigger a Mandatory Sentence Under 18 U.S.C. § 2252(b)(2)
- Creators
- Daniel FillerJaymes Fairfax-Columbo
- Publication Details
- Preview of United States Supreme Court cases, Vol.43(2)
- Publisher
- American Bar Association
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020542331104721