STATUTORY PROVISIONS & SOME DEFINITIONS

 

STATUTORY PROVISIONS

This case concerns 2252(b)(2) of Title 18, U.S.C., which provides in relevant part:

Whoever violates, or attempts or conspires to violate, paragraph (4) of subsection (a) shall be fined under this title or imprisoned not more than 10 years, or both, but if ... such person has a prior conviction relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, or the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, such person shall be fined under this title and imprisoned for not less than 10 years nor more than 20 years.

 

SOME DEFINITIONS

Pellucid  - transparent; clear in meaning

Rule of lenity - in construing an ambiguous criminal statute, a court should resolve the ambiguity in favor of the defendant.

Recidivist enhancement - Increased criminal sentences for defendants with prior convictions

Last-Antecedent Canon - A pronoun, relative pronoun, or demonstrative adjective generally refers to the nearest reasonable antecedent.

Series-Qualifier Canon - When there is a straightforward, parallel construction that involves all nouns or verbs in a series, a prepositive or postpositive modifier normally applies to the entire series.

Prepositive - A word or phrase placed before another word to modify it or to show its relation to other parts of the sentence. In red book, red is a prepositive adjective.

 

Postpositive – A modifier placed after the word modified, either immediately after, as in two men abreast, or as part of a complement, as in those men are bad