United States v. Young, No. 16-60790 (5th Cir. 2017)Annotate this Case
The Fifth Circuit affirmed the district court's classification of defendant as a Tier III sex offender based on his prior conviction for touching a child for lustful purposes in violation of Mississippi Code section 97–5–23. The court applied the categorical approach and held that the Mississippi statute and the federal offense of abusive sexual contact were comparable. In this case, the relevant offenses contain comparable elements, even if the body parts that were the subject of the touching were specifically listed in the federal definition.