Seventh Circuit Finds Indiana Child Molesting Conviction Triggers Federal Sentencing Enhancement

The Seventh Circuit has determined that an Indiana child molesting conviction categorically relates to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor for purposes of a federal child pornography sentencing enhancement. The defendant argued that the Indiana statute was overbroad because it did not include the same offender-age or age-difference requirements found in federal definitions.

The Court rejected that argument, relying on its broad interpretation of the phrase “relating to” in the enhancement statute. The Court found that the Indiana offense targets the same general harm: sexual exploitation of young children. Although this is a criminal sentencing case, the categorical approach discussion may be useful in immigration cases involving sex-offense predicates.

The full text of United States v. Schatz can be found here: https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2026/D06-09/C:24-2252:J:Kolar:aut:T:fnOp:N:3555194:S:0

Seventh Circuit Finds Indiana Definition of Methamphetamine Broader than Federal Definition

The Seventh Circuit has determined that Indiana’s definition of methamphetamine is broader than the federal definition. “Under federal law, methamphetamine is a Schedule II or III controlled substance that includes ‘its salts, isomers, and salt of isomers.’ Under federal law, ‘isomer’ of methamphetamine only refers to ‘the optical isomer.’” “Because the Indiana legislature chose to limit the types of isomers defining other drugs but did not do so with methamphetamine, we must read the schedules to define methamphetamine as including at least optical and positional isomers.” The court noted that as of 2020, Indiana had narrowed the definition of an isomer of methamphetamine to optical isomers only. However, that definition was not present at the time of the petitioner’s conviction.

The full text of Aguirre-Zuniga v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2022/D06-16/C:21-1201:J:Jackson-Akiwumi:aut:T:fnOp:N:2891535:S:0

Eighth Circuit finds that Indiana Burglary Matches Generic Burglary Offense

The Eighth Circuit has determined that an Indiana burglary statute matches the federal definition of burglary, even though it includes burglary in outdoor, fenced-in areas.

The full text of Faulkner v. United States can be found here:

https://ecf.ca8.uscourts.gov/opndir/19/06/181984P.pdf

Seventh Circuit Finds that Indiana Conviction for Attempted Sexual Misconduct with a Minor is an Aggravated Felony

The Seventh Circuit has affirmed a determination by the Department of Homeland Security that an Indiana conviction for attempted sexual misconduct with a minor is a sexual abuse of a minor aggravated felony.   The Court noted that sexual intercourse between a child under sixteen years of age and an eighteen-year-old adult involves a inherent risk of exploitation, if not coercion.  

The full text of Correa-Diaz v. Sessions can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D01-31/C:16-3198:J:Flaum:aut:T:fnOp:N:2100357:S:0