United States v. Griffin.
No. 24-8070. 1/13/2026. D.Wyo. Judge Tymkovich. Sentencing—Mandatory Minimum—Categorical Test—Predicate Offense.
January 13, 2026
Griffin pleaded guilty to possession of child pornography in violation of 18 USC § 2252A(a)(5)(B). At sentencing, the parties disputed whether Griffin was subject to a mandatory minimum sentence under 18 USC § 2252A(b)(2), which requires the court to sentence a defendant to at least 10 years’ confinement if they were previously convicted of a state offense relating to possession of child pornography. Griffin stipulated that he had a previous conviction under California Penal Code § 311.11, which criminalizes possession of images that depict a minor “personally engaging in or simulating sexual conduct.” Griffin argued that his conviction under the California statute does not necessarily relate to possession of child pornography as defined under federal law. The court found that Griffin’s prior conviction triggered § 2252A(b)(2)’s mandatory minimum and sentenced Griffin to 10 years’ imprisonment.
On appeal, Griffin again argued that his California conviction does not relate to possession of child pornography as defined under federal law. The Tenth Circuit applied the categorical test to determine whether Griffin’s prior conviction qualified as a predicate offense under § 2252A(b)(2). The fact of conviction qualifies as a predicate offense only where the state offense’s elements categorically fall within the elements of the generic offense defined by federal law. If the state statute includes conduct that the generic federal offense does not, the state conviction does not qualify as a predicate offense. Accordingly, the Tenth Circuit analyzed whether the elements of the California offense categorically fall within the elements of the predicate offense defined by § 2252A(b)(2). The California statute criminalizes knowingly possessing an image that depicts a minor personally engaging in or simulating sexual conduct. California defines sexual conduct as any lewd or lascivious sexual act; such an act is defined broadly to include any touching of a minor with the intent to sexually arouse either the child or the defendant. Thus, § 311.11 criminalizes possessing an image of any touching between an adult and child where the adult has a sexual subjective intent, so the statute covers nonexplicit images of children with no focus on the child’s intimate areas. However, the federal definition of child pornography requires a “lascivious exhibition of the anus, genitals, or pubic area.” 18 USC § 2256(2)(B)(iii). Griffin’s California conviction thus does not qualify as a predicate offense because § 311.11 covers broader conduct than § 2252A(b)(2)’s generic offense. Accordingly, Griffin’s previous conviction did not trigger the 10-year mandatory minimum sentence under § 2252A(b)(2).
The sentence was vacated and the case was remanded for resentencing.