U.S. v. Johnson

Dist. Ct. erred in sentencing defendant to 120-month term of incarceration on charge of failure to register as sex offender, where said sentence was based, in part, on enhancement of committing sex offense while in failure to register status under section 2A3.5(b)(1)(A) of USSG. While Dist. Ct. found that enhancement applied since defendant’s girlfriend testified that defendant had performed oral sex on her without consent, enhancement did not apply since girlfriend also testified that defendant did not use force, and applicable Illinois statutes for criminal sexual assault and abuse required proof that defendant had used force or threat of force when committing sexual act.