Lockhart v. United States
Issues
Under 18 U.S.C. § 2252(b)(2), defendants with prior state convictions relating to “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward” receive a ten-year mandatory minimum sentence; however, does the phrase “involv[e] a minor or ward” apply to each type of conviction above, or does it only apply to the last category, abusive sexual conduct?
Under 18 U.S.C. § 2252(b)(2), a mandatory minimum sentence is imposed on a defendant with a prior state conviction relating to “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” In this case, the Supreme Court will decide whether the clause “involving a minor or ward” modifies only “abusive sexual conduct” or the entire series of terms preceding it. See Petition for Writ of Certiorari, Lockhart v. United States, No. 14-8358, at 13 (Apr. 10, 2015). The convicted offender, Avondale Lockhart, urges the Court to adopt the series-qualifier principle of statutory interpretation by applying “involving a minor or ward” to the entire preceding series of terms contained in section 2252(b)(2). See Brief for Petitioner, Avondale Lockhart at 13. Lockhart contends that because his prior state conviction does not involve a minor or ward, he does not qualify for section 2252(b)(2)’s ten-year mandatory minimum sentence. Id. However, the United States argues that the Court should interpret section 2252(b)(2) using the last-antecedent rule by applying “involving a minor or ward” only to the immediately preceding clause, “abusive sexual conduct,” thereby upholding Lockhart’s jail sentence. See Brief for Respondent, United States at 18. The Court’s decision will determine the scope of offenses covered by mandatory minimum sentences under 18 U.S.C. § 2252(b)(2), and could impact the degree of protection afforded to federal defendants with prior state convictions. See Petition for Writ at 13; Brief for Petitioner at 41–42.
Questions as Framed for the Court by the Parties
Is section 2252(b)(2)’s mandatory minimum penalty triggered by a prior state conviction “relating to” “aggravated sexual abuse” or “sexual abuse” even though the conviction did not “involv[e] a minor or ward”?
In June 2010, federal agents initiated an undercover investigation of Avondale Lockhart after learning that Lockhart had transferred money to receive child pornography. See United States v. Lockhart, 749 F.3d 148, 150 (2d Cir.