Monday, February 02, 2015

Colo. Sexual Assault with 10-Year Age Difference Not a Crime of Violence

United States v. Wray, __ F.3d __, 2015 WL 328589 (10th Cir. January 27, 2015) (slip opinion here): The Court held that a Colorado statute for sexual assault with a 10-year age difference (Colo.Rev.Stat. §18-3-402(1)(e)) does not constitutes a crime of violence for purposes of U.S.S.G. §2K2.1(a)(2) and §4B1.2 because it is not a forcible sex offense and it does not fall within the residual clause.