US v. Farmer, No. 09-5012

Child Pornography Sentence Affirmed

In US v. Farmer, No. 09-5012, the court affirmed defendant's child pornography possession sentence, holding that defendant's prior conviction under California Penal Code section 288(a), for lewd and lascivious acts involving a child, categorically qualified as "a prior conviction . . . relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward."

As the court wrote:  "We are asked to decide whether Defendant-Appellant Tyler George Farmer's conviction under California Penal Code § 288(a), for lewd and lascivious acts involving a child, categorically qualifies as "a prior conviction . . . relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." 18 U.S.C. § 2252A(b)(2). Although the answer is more complicated that it at first appears, we are convinced that the answer is yes, and we affirm the judgment of the district court."

Related Resources

• Read the Ninth Circuit's Decision in US v. Farmer, No. 09-5012