United States v. Remoi, __ F.3d __, 2005 WL 845884 (3d Cir. April 13, 2005) (sexual contact with a helpless victim, in violation of New Jersey Statute section 2C:14-2c(2), requiring that victim of "penetration" have been "physically helpless" or "mentally defective or incapacitated" is a "crime of violence" for illegal reentry sentencing purposes; although statute does not require physical force, it may be satisfied by proof that the contact occurred through exploitation of the victim's helplessness, thus qualifying as a "forcible sex offense (including sexual abuse of a minor)" under U.S.S.G. 2L1.2, app. n.1(B)(ii)).
jurisdiction:
Third Circuit