United States v. Johnson, No. 13-1531 (7th Cir. 2014)
Annotate this CaseJohnson pled guilty to failure to register as a sex offender, and the sentencing memorandum requested an enhancement for committing a sex offense on the basis that Johnson sexually assaulted his former girlfriend, S.W. Unexpectedly for both the prosecution and defense counsel, S.W. appeared at his sentencing hearing and stated she wanted to testify. The judge exercised his authority to call S.W. to the stand. She testified that although she did not want Johnson to perform oral sex on her on the date in question, he did so but did not use force. The judge relied on S.W.’s testimony and imposed a U.S.S.G. 2A3.5(b)(1)(A) enhancement for committing a sex offense while in failure to register status. The Seventh Circuit vacated the sentence. The crimes of criminal sexual assault and abuse in Illinois require the use or threat of force in such a situation.
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