The appellant pleaded guilty to illegal re-entry of an alien previously removed subsequent to a conviction for commission of an aggravated felony. Because, under the Florida statute, consent to be valid must be intelligent, knowing, and voluntary, the appellant plainly was convicted of an offense proscribing sexual conduct where consent is not given or is involuntary and this conviction falls squarely within the Sentencing Guidelines category of forcible sex offenses. The district court's sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-20508, 04-29-2013.
United States v. Garza-Guijan
May 2, 2013