DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151690P.pdf 08/01/2017 United States v. William Gauld
U.S. Court of Appeals Case No: 15-1690
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Smith, Author, for the Court En Banc]
Criminal case - Sentencing. For the panel's opinion in the matter, see
United States v. Gauld, 833 F.3d 941 (8th Cir. 2016). A state
juvenile-delinquency adjudication is not a prior conviction under 18
U.S.C. Sec. 2252(b)(1); to the extent United States v. Woodward, 694 F.3d
950 (8th Cir. 2012) held otherwise, it is overruled; defendant's 15-year
sentence is vacated, and the matter is remanded for resentencing.
151690P.pdf 08/18/2016 United States v. William Gauld
U.S. Court of Appeals Case No: 15-1690
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Per Curiam - Before Smith, Benton and Kelly, Circuit Judges]
Criminal case - Criminal law and sentencing. The district court correctly
applied this court's decision in U.S. v. Woodward, 694 F.3d 950 (8th Cir.
2012) in holding defendant's juvenile adjudication counted as a prior
conviction under 18 U.S.C. Sec. 2252(b)(1); the district court's special
condition of supervision banning defendant's use of internet-connected
computing devices was not plain error in light of the circumstances of the
offense. Judge Kelly, dissenting on the use of defendant's juvenile
adjudication.