FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10227 Plaintiff-Appellee, D.C. No. v. 4:18-cr-00232- JST-1 DAVEY WAYNE HUDSON, Defendant-Appellant. OPINION Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Argued and Submitted October 21, 2020 San Francisco, California Filed January 29, 2021 Before: Michael Daly Hawkins, N. Randy Smith, and Ryan D. Nelson, Circuit Judges. Opinion by Judge Hawkins 2 UNITED STATES V. HUDSON SUMMARY * Criminal Law The panel affirmed a sentence for possession of child pornography in a case in which the district court determined that the defendant was subject to a ten-year mandatory minimum sentence under 18 U.S.C. § 2252(b)(2), which applies if, among other things, a 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.” The district court applied the § 2252(b)(2) ten-year minimum as a result of the defendant’s prior conviction under California Penal Code § 288(a), which criminalizes lewd and lascivious conduct with a minor under the age of fourteen. Rejecting the defendant’s constitutional challenge, the panel held that § 2252(b)(2)’s reference to state crimes “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor” is not unconstitutionally vague, because the language neither fails to give ordinary people notice of its scope nor poses a risk of arbitrary enforcement. * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. UNITED STATES V. HUDSON 3 COUNSEL Hanni M. Fakhoury (argued), Assistant Federal Public Defender; Steven G. Kalar, Federal Public Defender; Office of the Federal Public Defender, Oakland, California; for Defendant-Appellant. Matthew M. Yelovich (argued), Assistant United States Attorney; Merry Jean Chan, Chief, Appellate Section, Criminal Division; David L. Anderson, United States Attorney; United States Attorney’s Office, San Francisco, California; for Plaintiff-Appellee. OPINION HAWKINS, Circuit Judge: Individuals convicted of possessing child pornography, in violation of 18 U.S.C. § 2252(a)(4), face a ten-year mandatory minimum sentence if, among other things, they have 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.” 18 U.S.C. § 2252(b)(2). As a result of a prior conviction under California Penal Code § 288(a), which criminalizes lewd and lascivious conduct with a minor under the age of fourteen, appellant Davey Hudson received the ten-year mandatory minimum sentence for his guilty-plea conviction on one count of possessing child pornography. On appeal, Hudson contends that his sentence must be vacated because the statutory provision “relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward” is unconstitutionally vague. We hold that it is not and affirm the sentence. 4 UNITED STATES V. HUDSON BACKGROUND In 2017, federal agents and local police executed a search warrant for Hudson’s apartment after ...
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