United States Fourth Circuit

Because Tennessee’s statutory rape provision sets the age of consent at eighteen and is therefore significantly broader than the generic offense, a conviction thereunder does not categorically qualify for the crime-of-violence enhancement, and therefore the district court erred in imposing a crime of violence sentencing enhancement to defendant's conviction of illegally entering or staying in the country and the case is remanded for resentencing.

Appellate Information

• Decided 03/07/2013
• Published 03/07/2013

Judges

• WILKINSON

Court

• United States Fourth Circuit

Counsel