Consensual but unlawful sexual intercourse with minor is crime of violence for sentence enhancement purposes
SENTENCING United States v. Hernandez-Castillo, No. 05-2157, ___ F.3d ___ (10th Cir. Jun. 6, 2006)(New Mexico). Appeal of sentence for illegal reentry to United States after deportation in violation of 8 U.S.C. §§ 1326(a)(1), (a)(2), and (b)(2). HELD: Unlawful sexual intercourse with minor in violation of California statute, even though consensual, and for all practical purposes just a misdemeanor, was both crime of violence and felony for sentence enhancement purposes under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Read the opinion here. |
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