United States v. Rogers, No. 14-1553 (7th Cir. 2015)
Annotate this CaseRogers has a long criminal record that includes West Virginia convictions for sexually abusing his daughter and stepdaughter. He is required by the Sex Offender Registration and Notification Act to register in each state in which he resides, is employed, or is a student. 42 U.S.C. 16911(1), 16913. In 2011 he moved from West Virginia to Indiana and failed to register there. A few months later his 18-year-old daughter reported to West Lafayette police that Rogers was sexually abusing her. Rogers pleaded guilty to traveling in interstate commerce and failing to register as a sex offender, 18 U.S.C. 2250. The judge applied a six-level sentencing enhancement under U.S.S.G. 2A3.5(b)(1)(A) for committing a sex offense (incest against his daughter) while in failure-to-register status. The judge refused to award credit for acceptance of responsibility because Rogers falsely denied this relevant conduct. The Seventh Circuit affirmed his 105-month sentence. The threshold definition of “sex offense” found in section 16911(5)(A)(i) requires a categorical approach—an inquiry limited to the elements of the offense—but the exception in subsection (5)(C) calls for an examination of the specific facts of the offense conduct. The district court conducted the correct analysis and properly applied the section 2A3.5 enhancement.
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