Child Porn Defendant's 10-year Sentence Based on Prior Georgia Misdemeanor Sexual Battery Offense Affirmed

United States v. Hebert, 2018 WL 1915851 (April 24, 2018) (WY, published): An accused convicted of a child pornography offense under 18 U.S.C. § 2252A can face a mandatory minimum 10 year prison term if he has a prior state conviction ‘relating to’ aggravated sexual abuse, sexual abuse or abusive sexual conduct involving a minor or ward. Using the categorical approach, the panel rules that Georgia’s sexual battery offense 'relates to' sexual abuse as those elements are defined in 18 U.S.C. § 2242. The panel admits the Georgia statute includes some conduct that might not come within the federal definition, but it need only decide whether the sexual battery statute 'relates to' sexual abuse, not whether it 'constitutes' sexual abuse. Herbert’s 10 year minimum mandatory sentence is affirmed because his misdemeanor convictions for sexual battery triggered the enhanced sentence.