Articles Posted in US Court of Appeals for the Eighth Circuit

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The Eighth Circuit granted en banc review and held that a state juvenile delinquency adjudication is a "prior conviction" under 18 U.S.C. 2252(b)(1). The en banc court held that, because federal law distinguishes between criminal convictions and juvenile delinquency adjudications, and because section 2252(b)(1) mentions only convictions, juvenile delinquency adjudications do not trigger that statute's 15-year mandatory minimum sentence. Accordingly, the en banc court vacated defendant's sentence and remanded for resentencing. View "United States v. Gauld" on Justia Law

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The Eighth Circuit held that Nebraska's Sex Offender Registration Act (SORA), Neb. Rev. Stat. 29-4003(1)(a)(iv), did not apply to A.W., as a juvenile delinquent that engaged in conduct constituting first-degree criminal sexual conduct in Minnesota. Under both Minnesota and Nebraska law, an adjudication of delinquency was not a criminal proceeding, nor did it result in a conviction; the plain and ordinary meaning of "sex offender" was to be ascertained with respect to Nebraska law; and "sex offender" was ordinarily understood as a person who has been convicted of a crime involving unlawful sexual conduct. View "A.W. v. Wood" on Justia Law