Lockhart v. United States

Background

Avondale Lockhart had a prior New York conviction for sexual abuse of a 53-year-old adult and later pleaded guilty to possessing child pornography. At sentencing, officials applied a federal enhancement that imposes a ten-year mandatory minimum if the defendant has a prior state conviction for "aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." Lockhart argued the phrase "involving a minor or ward" should apply to all three listed crimes so his adult conviction would not count. The Second Circuit affirmed, and the Supreme Court agreed to resolve a split among the appeals courts.

Reasoning

The Court asked whether the final phrase modifies only the last listed crime or all three. The majority applied the grammatical rule of the last antecedent and examined the statute’s text and structure, including similarities with federal crime headings in Chapter 109A. It concluded that "involving a minor or ward" modifies only "abusive sexual conduct," not the earlier listed terms. The Court rejected the competing series-qualifier argument, found the legislative history inconclusive, and declined to apply the rule of lenity.

Real world impact

The ruling means some defendants with prior adult sexual-abuse convictions can face the ten-year mandatory minimum for possessing child pornography. It resolves conflicting federal appeals court decisions about the statute’s reach and will guide future sentencing under this provision.

Dissents or concurrances

Justice Kagan, joined by Justice Breyer, dissented, arguing ordinary language and congressional materials show the modifier applies to all three crimes and that Lockhart should prevail.