Short Wins - Slow News Day Edition

more+
less-
more+
less-

Only one win last week - on a technical issue of what counts as a crime of violence, statutory rape, and sentencing law.

Pity.

To the victory!

1155650_berlin_siegessule.jpg1. United States v. Rangel-Castaneda, Fourth Circuit: The district court incorrectly classified appellant's Tennessee statutory rape conviction as a generic "statutory rape" offense and, by extension, a "crime of violence" under the sentencing guidelines enhancement in § 2L1.2(b)(1)(A)(ii). This is because Tennessee's provision is significantly broader than the generic offense: in Tennessee, the age of consent is 18, while the "generic, contemporary meaning" of statutory rape sets it at 16. For these reasons, the case was remanded for resentencing.

If you'd like to speak with us, please call (202) 640-2850. Odds are we'd love to talk to you.

Topics:  Sentencing Enhancements, Statutory Rape

Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© The Kaiser Law Firm PLLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »