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Ohio Sex Battery Not A ‘Crime of Violence’?
Professor Jonathan Adler over at the Volokh Conspiracy has a post discussing the Sixth Circuit’s decision in United States v. Wynn, where a divided panel found that a defendant’s guilty plea to “sexual battery” under Ohio law was a not “crime of violence” for career offender purposes. You may read the Sixth Circuit’s decision here. From a post entitled Is “Sexual Battery” A “Crime of Violence”?: The question would seem to answer itself. Isn’t “sexual battery,” almost by definition, a violent act? That was my initial reaction when I read the opening of United States v. Wynn, a decision handed down by the U.S. Court of Appeals for the Sixth Circuit. Yet as it turns out, the question is not so simple, at least not given the relevant statutes and case law, and it divided the Sixth Circuit panel.