U.S. v. Rogers

Dist. Ct. did not err in sentencing defendant to 105-month term of incarceration on charge of traveling in interstate commerce and failing to register as sex offender, where said sentence was based, in part, on 6-level enhancement under section 2A3.5(b)(1)(A) of USSG for committing sex offense while in failure-to register status. Dist. Ct. properly applied “categorical approach” in finding that defendant’s incest of his 18-year-old daughter qualified as “sex offense” for purpose of imposing instant enhancement, where Indiana’s incest statute indicated that incest was criminal offense that had as element sexual acts or sexual contact with another. Moreover, daughter’s testimony that she did not consent to defendant’s sexual conduct precluded defendant from asserting that instant incest involved consensual sexual conduct that would have prevented imposition of instant enhancement.