United States v. Sarmiento-Funes,
374 F.3d 336 (5th Cir. June 21, 2004) (Missouri conviction
of sexual assault, in violation of Mo. Ann. Stat. § 566.040(1)
committed if "he has sexual intercourse with another
person knowing that he does so without that persons consent,"
did not qualify as a crime of violence under U.S.S.G. § 2L1.2
cmt. n.1(B)(ii), for purposes of 16-level enhancement of sentence
for illegal re-entry).
jurisdiction:
Fifth Circuit