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US v. Becker, No. 09-5154

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By FindLaw Staff on December 02, 2010 12:26 PM

Child Pornography Sentence Affirmed

In US v. Becker, No. 09-5154, the court affirmed defendant's sentence for receipt and possession of child pornography where, because 18 U.S.C. section 2252(b) must be read broadly, defendant's prior Illinois conviction plainly qualified as "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct of a minor."

As the court wrote:  "Peter Helmut Becker appeals his sentence for receipt and possession of child pornography in violation of 18 U.S.C. § 2252(a)(2) and (a)(4)(B). He argues that the district court erred in finding that his earlier Illinois conviction for solicitation of a minor qualified as "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct of a minor" under 18 U.S.C. § 2252(b)(1) and (2). Exercising jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, we affirm."

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