161753P.pdf   04/24/2017  United States  v.  Joel Mayokok
   U.S. Court of Appeals Case No:  16-1753
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Shepherd, Author, with Benton, Circuit Judge, and Ebinger, 
   District Judge] 
   Criminal case - Sentencing. The district court erred in applying an 
   enhancement under Guidelines Sec. 2G2.2(b)(3)(B) as the sentencing record 
   does not support the conclusion that defendant actually engaged in file 
   sharing after he uploaded an image to Google Picasa; applying the 
   categorical approach, it is clear from looking at defendant's 2003 
   conviction for possession of a pornographic work involving minors in 
   violation of Minnesota Statute Section 617.247, subd. 4 that the 
   conviction necessarily relates to the possession of child pornography 
   under federal law, and the district court did not err in applying the 
   15-year mandatory minimum sentence under 18 U.S.C. Section 2252(b)(1); 
   remanded for resentencing without the Sec. 2G2.b(3)(B) enhancement.