September 6, 2019
from the United States District Court for the Northern
District of Indiana, Fort Wayne Division. No. 15-cr-59.
Theresa L. Springmann, Chief Judge.
Easterbrook, Kanne, and Brennan, Circuit Judges.
certain federal crimes involving sexual exploitation of
minors, a federal statute- 18 U.S.C. § 2252(b)-increases
the mandatory minimum sentence when the defendant has a prior
conviction "under the laws of any State relating to,
” among other things, "possession ... of child
pornography." Darin Kaufmann pled guilty to two federal
crimes involving sexual exploitation of a minor. The district
court imposed an enhanced mandatory minimum sentence under
§ 2252(b) because Kaufmann has prior convictions for
possession of child pornography under an Indiana statute.
Kaufmann challenged his sentence, arguing that his prior
state convictions do not support a § 2252(b) enhancement
because the Indiana statute of his convictions criminalized
conduct broader than the federal version of possession of
United States v. Kraemer, we held that a §
2252(b) enhancement does not require the state statute of
conviction to be the same as or narrower than the analogous
federal law. 933 F.3d 675 (7th Cir. 2019). Rather, the words
"relating to" in § 2252(b) expand the range of
enhancement-triggering convictions. Id. at 679-83.
Under Kraemer, Kaufmann's Indiana convictions
are ones "relating to ... possession ... of child
pornography" and thus support the mandatory minimum
enhancement. Adhering to our decision in Kraemer, we
affirm Kaufmann's sentence.
arranged to care for an elderly man in exchange for room and
board. The living arrangement ended when police arrested
Kaufmann for stealing money from the man. As the man's
family packed Kaufmann's belongings, they discovered
child pornography. A grand jury indicted Kaufmann on charges
of receiving and possessing materials involving sexual
exploitation of a minor, in violation of 18 U.S.C. §
2252(a)(2) and (a)(4), and Kaufmann pled guilty to both
offenses without a plea agreement.
mandatory minimum sentence for this pair of convictions is
enhanced to fifteen years if the defendant has 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, or the production,
possession, receipt, mailing, sale, distribution,
shipment, or transportation of child
pornography." 18 U.S.C. § 2252(b)(1) (emphases
district court concluded that this enhancement applies
because Kaufmann has prior convictions for possession of
child pornography in violation of Indiana Code §
35-42-4-4 (2007). The court accordingly sentenced Kaufmann to
an aggregate fifteen-year term of imprisonment, followed by
five years of supervised release. Kaufmann appealed that
sentence, contesting the district court's determination
that his Indiana convictions trigger the enhancements under
review de novo a district court's determination
that a state conviction supports a sentencing enhancement
under § 2252(b). Kraemer, 933 F.3d at 679.
argues that this determination calls for the
"categorical" approach of Taylor v. United
States, 495 U.S. 575 (1990). Under that approach, we
compare the elements of the state offense to the elements of
the comparable federal offense. Kraemer, 933 F.3d at
679. Only if the state offense is the same as or narrower
than the federal offense does the state conviction trigger an
enhancement. Id. Kaufmann contends that the
"relating to" language in § 2252(b) does not
broaden the scope of state offenses that qualify as
predicates for an enhancement.
this categorical approach to Kaufmann's Indiana
convictions, Kaufmann argues that the underlying Indiana
statute criminalizing possession of child pornography is
broader than federal possession of child ...