The U.S. Supreme Court this morning decided Lockhart v. United States, No. 14-8358:
Only the last item, 6-2, opinion by Justice Sotomayor. Justices Kagan and Breyer dissent.
Defendants convicted of possessing child pornography in violation of 18 U. S. C. §2252(a)(4) are subject to a 10-year mandatory minimum sentence and an increased maximum sentence if they have "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." §2252(b)(2).
The question before us is whether the phrase "involving a minor or ward" modifies all items in the list of predicate crimes ("aggravated sexual abuse," "sexual abuse," and "abusive sexual conduct") or only the one item that immediately precedes it ("abusive sexual conduct").
Only the last item, 6-2, opinion by Justice Sotomayor. Justices Kagan and Breyer dissent.
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