United States v. Alfaro

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Defendant plead guilty to one count of failing to register as a sex offender and one count of illegal reentry. The district court concluded that defendant's prior felony conviction qualified as a crime of violence and applied a 16-level enhancement, sentencing defendant to 46 months in prison. The court applied the plain and ordinary meaning of the Sentencing Guidelines' language and determined that defendant's prior conviction under Md. Code Ann., Crim. Law 3-307(a)(1) qualifies as a "forcible sex offense" for purposes of USSG 2L1.2. The court joined the other circuits addressing the issue and held that, for purposes of the re-entry Guideline, a “sex offense” is an offense involving sexual conduct with another person. And as the Guidelines commentary itself makes clear, a sex offense is “forcible” if it is not consensual. Therefore, the lease culpable version of the crime defined by section 3-307(a)(1) - sexual contact while aided or abetted by another - categorically qualifies as a “forcible sex offense” and thus a “crime of violence” under USSG 2L1.2. Accordingly, the court affirmed the sentence. View "United States v. Alfaro" on Justia Law