Per Curiam
Barker was convicted in 2002 under Vermont's former statutory rape law. In January 2012 he was indicted for possessing, and distributing child pornography. Under agreement, in which the government agreed to recommended a sentence not exceeding 144 months, Barker pleaded guilty to possessing child pornography contrary to 18 USC §2252(a)(4)(B), and given a 120-month sentence. District court applied a modified categorical approach in finding Barker's conviction under Vermont's former statutory rape law triggered the mandatory 10-year sentence in 18 USC §2252(b)(2) as a prior conviction under state law "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." Second Circuit affirmed. Because the Vermont statutory rape provision under which Barker was convicted was non-divisible, district court should have applied the categorical approach in accordance with United States v. Beardsley. However, under that approach, Barker's state court conviction subjected him to §2252(b)(2)'s mandatory minimum sentence. Second Circuit found that a law proscribing non-consenual sex with a minor addresses, by its nature, "abusive sexual conduct involving a minor."
