United States v. Meraz-Enriquez,
__ F.3d __, 2006 WL 515477 (5th Cir. Mar. 3, 2006)
(Kansas conviction of attempted sexual battery, in violation
of Kan. Stat. Ann. § 21- 3518, which punishes a sexual touching
of a person who is too intoxicated to be able to give consent
to the touching, is not a crime of violence for illegal re-entry
sentencing purposes because the offense does not require the
use of force).
jurisdiction:
Fifth Circuit