Sentencing Guidelines

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Jay Liestman

Case No.: 21-3225

Officials: Sykes, Chief Judge, and Easterbrook, Rovner, Wood, Brennan, Scudder, St. Eve, Kirsch, Jackson -Akiwumi, Lee, And Pryor, Circuit Judges.

Focus: Sentencing Guidelines

Liestman, who was found guilty of transporting child pornography, a violation of 18 U.S.C. § 2252(a)(1), had a previous conviction for possessing child pornography under Wisconsin law. The district court imposed a mandatory minimum sentence of 15 years’ imprisonment under § 2252(b)(1) due to his prior conviction. The key question was whether the state conviction qualifies as a predicate conviction under § 2252(b)(1), which mandates harsher penalties for certain repeat child sex offenders.

Earlier, the district court had determined that Liestman’s prior conviction for possessing child pornography triggered the enhancement for repeat sex offenders under 18 U.S.C. § 2252(b)(1). This enhancement increases the mandatory minimum imprisonment term from 5 to 15 years if the defendant has a prior conviction “under the laws of any State relating to … the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography.” Liestman argued against the enhancement, contending that the Wisconsin statute covered conduct not expressly listed in § 2252(b)(1). However, the district court disagreed and sentenced Liestman to the enhanced mandatory minimum of 15 years.

The Seventh Circuit upheld the district court’s decision. The court ruled that the phrase “relating to” in § 2252(b)(1) encompasses any prior offense that inherently connects with the conduct specified in § 2252(b)(1), regardless of whether it extends beyond that conduct in some aspects. Thus, Liestman’s previous conviction for possessing child pornography under Wisconsin law qualifies as a predicate offense under § 2252(b)(1).

Affirmed.

Decided 04/08/24

Full Text