For sentencing purposes, forcible sexual offense may be committed by means not involving physical force
SENTENCING United States v. Romero-Hernandez, No. 05-2154, ___ F.3d ___ (10th Cir. Oct. 16, 2007)(New Mexico). Appeal of sentence for illegal reentry to United States following removal for commission of aggravated felony in violation of U.S.C. § 1326(a) and (b)(2). HELD: Conviction under Colorado statute for “unlawful sexual contact” is “forcible sexual offense” and therefore crime of violence for sentencing purposes of U.S.S.G. § 2L1.2(b)(1)(A)(ii). Qualifying sex offense may be committed by means that do not involve “physical” force, yet may still be “forcible” (e.g., as in situation where victim is legally or medically unable to consent to sexual contact). Read the opinion here. |
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