Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: United States of America v. Richard Kraemer

Case No.: 18-2454

Officials: RIPPLE, MANION, and SYKES, Circuit Judges.

Focus: Sentencing Guidelines

Richard Kraemer pleaded guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). At sentencing, the district court determined that Mr. Kraemer’s prior Wisconsin convictions for first‐degree and second‐degree sexual assault of a child constituted convictions “relating to … abusive sexual conduct involving a minor” and therefore triggered a ten‐year, mandatory minimum sentence. 18 U.S.C. § 2252(b)(2). The district court then imposed a sentence of 133 months’ imprisonment, followed by eight years of supervised release.

Mr. Kraemer now challenges the district court’s determination that he was subject to the mandatory minimum. As we explain more fully in the following paragraphs, because the applicable federal enhancement statute, 18 U.S.C. § 2252(b)(2), requires only that a prior state statute of conviction “related to,” rather than be fully equivalent to, “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward,” the district court did not err in finding Mr. Kraemer was subject to the mandatory minimum.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.