Pleas & Sentencing – Sentence Enhancer

By: Derek Hawkins//November 11, 2015//

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Criminal

7^th Circuit Court of Appeals

Officials: EASTERBROOK, MANION, and SYKES, Circuit Judges

Pleas & Sentencing – Sentence Enhancer

No. 14-1553 United States of America v. Booker Rogers

Sentence enhancement applied properly to appellant who failed to follow registration guidelines for a convicted sex offender.

“Here, there’s no dispute that the Indiana incest offense meets the threshold definition of sex offense in § 16911(5)(A)(i) as a categorical matter. Whether the exception applies depends on the underlying facts and circumstances—most prominently, whether Jane Doe consented to the sexual conduct. The judge found that she did not.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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