SMITH, Chief Judge.
The mandatory minimum sentence for receiving child pornography in violation of 18 U.S.C. § 2252(a)(2) is five years' imprisonment. Id. § 2252(b)(1). But if the defendant has a "prior conviction" under state law "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward," then the mandatory minimum sentence is 15 years' imprisonment. Id. We granted en banc review to consider whether a state juvenile-delinquency adjudication is a "prior conviction" under § 2252(b)(1). Because it is not, we vacate William Gauld's 15-year sentence and remand for resentencing.
Gauld created a profile on a photo-sharing website under the screen name "lovesboys81." He posted sexually explicit pictures of young boys and made lewd comments about the pictures. He also downloaded child pornography. A search of Gauld's laptop and cell phone uncovered 921 images and 66 videos of child pornography.
Gauld pleaded guilty to violating 18 U.S.C. § 2252(a)(2) by receiving child pornography. His presentence report (PSR) calculated his Guidelines range as 151-188 months' imprisonment based on his offense level and criminal history. Gauld's criminal record included a juvenile-delinquency adjudication for criminal sexual conduct involving a minor. Treating the juvenile-delinquency adjudication as a conviction, the PSR applied the 15-year mandatory minimum in § 2252(b)(1). With the mandatory minimum, Gauld's Guidelines range became 180-188 months' imprisonment. See U.S.S.G. § 5G1.1(c)(2).
Gauld objected to a distribution enhancement listed in the PSR and to the PSR's counting his juvenile-delinquency adjudication as a "prior conviction" under § 2252(b)(1). The district court sustained Gauld's objection to the enhancement. The court told Gauld, though, that "it's really not going to have an [e]ffect on the amount of time that you are looking at," because under circuit precedent, juvenile-delinquency adjudications are prior convictions in § 2252(b)(1). According to the district court, were it not for the mandatory minimum, Gauld "would be looking at a guideline range of 121 to ... 151 months." The court sentenced Gauld to the 15-year mandatory minimum.
On appeal, a panel of this court affirmed Gauld's sentence. The panel majority held
We interpret statutes de novo. United States v. Storer, 413 F.3d 918, 921 (8th Cir. 2005). Title 18 U.S.C. § 2252(a) states, among other things, that those who knowingly receive child pornography "shall be punished as provided in subsection (b) of this section." Subsection (b)(1) spells out the punishment for violating § 2252(a)(1)-(3):
The statute does not define "prior conviction." See 18 U.S.C. § 2256. Even though Gauld's adjudication occurred under state law, we look to federal law to define this term. Storer, 413 F.3d at 921-22. Federal law has long distinguished juvenile adjudications from criminal convictions. In 1938, Congress passed the Federal Juvenile Delinquency Act (FJDA), ch. 486, 52 Stat. 764, 766. It provided for anyone 17 or under who violates federal law (unless the offense was punishable by death or life imprisonment) to be "prosecuted as a juvenile delinquent." § 2, 52 Stat. at 765. Such a person was to be "prosecuted by information on the charge of juvenile delinquency" and not prosecuted for the underlying federal offense. Id. If found "guilty of juvenile delinquency," the juvenile was to be sentenced under juvenile-specific conditions. § 4, 52 Stat. at 765. A 1948 amendment clarified the contrast between juvenile and adult proceedings. Act of June 25, 1948, ch. 403, 62 Stat. 683, 857. Notably, in a juvenile proceeding, "no criminal prosecution shall be instituted for the alleged violation." § 5032, 62 Stat. at 857.
In 1974, Congress amended the Act's definition of "juvenile" and clarified how juveniles above a certain age may be prosecuted as adults for committing certain serious offenses. Act of Sept. 7, 1974, Pub. L. No. 93-415, ch. 403, sec. 501-02, §§ 5031-5032, 88 Stat. 1109, 1133-34. The 1974 amendment also made clear that a juvenile proceeding results in the juvenile being "adjudicated delinquent." § 507, 88 Stat. at 1136. Congress has amended the Act since 1974, but its core distinction between juvenile adjudication and adult prosecution remains. The Act currently defines "juvenile delinquency" as "the violation of a law of the United States committed by a person prior to his eighteenth
Our cases have long recognized this distinction. In Fagerstrom v. United States, we said that "[t]o be adjudged a juvenile delinquent ... under the Juvenile Delinquency Act, is not to be convicted of or sentenced for a crime. The very purpose of the Act is to avoid the prosecution of juveniles as criminals." 311 F.2d 717, 720 (8th Cir. 1963) (citations omitted). In United States v. R.L.C., we noted that "an adjudication of juvenile delinquency under 18 U.S.C. § 5031 is a determination of status rather than a criminal conviction." 915 F.2d 320, 325 n.2 (8th Cir. 1990); see also United States v. Juvenile L.W.O., 160 F.3d 1179, 1182 n.4 (8th Cir. 1998) ("[U]nder the federal statutes a juvenile is not adjudicated to be guilty as a criminal; rather, he is adjudicated to be a juvenile delinquent.").
Thus, when Congress passed the first version of § 2252 in 1978, federal law considered juvenile-deliquency adjudications substantively different from criminal convictions. See Protection of Children Against Sexual Exploitation Act of 1977, Pub. L. No. 95-225, 92 Stat. 7 (1978).
Congress has taken care in other enactments to expressly mention juvenile-delinquency adjudications when it intends those adjudications to be counted as "convictions" that increase criminal punishment or impose special burdens. In the Armed Career Criminal Act, for example, Congress specified that "the term `conviction' includes a finding that a person has committed an act of juvenile delinquency involving a violent felony." 18 U.S.C. § 924(e)(2)(C). In the Sex Offender Registration and Notification Act, Congress specified that "[t]he term `convicted' or a variant thereof, used with respect to a sex offense, includes adjudicated delinquent as a juvenile for that offense" subject to certain limitations. 42 U.S.C. § 16911(8). And in a provision of the Violent Crime Control and Law Enforcement Act allowing increased sentences for certain crimes involving street gangs, Congress specified that "`[c]onviction' includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony." 18 U.S.C. § 521(a). Other statutes, though, such as 18 U.S.C. §§ 2252(b), 2252A(b), and 21 U.S.C. § 841(b), do not mention juvenile-delinquency adjudications.
There is arguably contrary authority, but it is distinguishable or unpersuasive. Woodard held that "a juvenile adjudication may be considered a prior conviction under 18 U.S.C. § 2252(b)," but Woodard did not address the FJDA and our historical distinction between juvenile-delinquency adjudications and adult convictions. 694 F.3d at 953. Storer held that a Florida felony nolo contendere plea, which resulted in a finding of guilt with adjudication withheld, was an enhancement-triggering conviction under § 2252A(b)(2). 413 F.3d at 922. Yet Storer and the cases on which it relied did not involve juvenile-delinquency adjudications, but rather adult deferred adjudications or suspended sentences. See id. at 921-22. Unlike juvenile-delinquency adjudications, these state-law forms of adult adjudication lack a comprehensive federal analogue like the FJDC.
In United States v. Acosta, the Eleventh Circuit held that a New York "youthful offender" adjudication was a sentence-enhancing conviction under 21 U.S.C. § 841(b)(1)(A). 287 F.3d 1034, 1037 (11th Cir. 2002). This statute, like 18 U.S.C. § 2252(b)(1), does not define or limit "conviction." Based on Eleventh Circuit precedent, the court concluded that "a plea of nolo contendere in Florida state court with adjudication withheld is a conviction that supports a section 841 sentence enhancement." Id. That court also considered that the policy of juvenile adjudications was to provide mercy to young offenders, not a legal advantage to adult recidivists. Id.
Acosta's approach is unpersuasive here. As we have said, the FJDA speaks to juvenile-delinquency adjudications in a way that no federal statute speaks to adult deferred adjudications. So the analogy to adult deferred adjudications breaks down. Also, as the Second Circuit later clarified, the New York youthful offender process at issue in Acosta begins with a conviction, which is then "deemed vacated and replaced by a youthful offender finding" under certain conditions. United States v. Sampson, 385 F.3d 183, 194 (2d Cir. 2004) (quoting N.Y. Crim. Proc. Law § 720.20(3)). The Second Circuit reserved judgment on "whether other juvenile adjudications, such as juvenile delinquency findings (entered in family court), could
Because federal law distinguishes between criminal convictions and juvenile-delinquency adjudications, and because § 2252(b)(1) mentions only convictions, juvenile-delinquency adjudications do not trigger that statute's 15-year mandatory minimum sentence.
Accordingly, we vacate Gauld's sentence and remand for resentencing.