Texas crime of third degree sexual assault is crime of violence for federal sentence enhancement purposes

SENTENCING United States v. Rooks, No. 07-7029, ___ F.3d ___ (10th Cir. Mar. 4, 2009)(E.D. Oklahoma). Appeal of sentence for being felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1). HELD: District court did not err by enhancing defendant’s sentence by finding that defendant's prior conviction for Texas crime of third degree sexual assault was conviction for crime of violence. Texas crime of third degree sexual assault involving penetration of victim without victim’s consent constitutes “crime of violence” for sentence enhancement purposes of U.S.S.G. § 4B1.2(a). Read the opinion here.