In U.S. v. Searcy, No. 03-16282 (July 28, 2005), the Court (Dubina, Wilson, Lawson b.d.) affirmed the sentence of a defendant convicted of using the internet to induce a minor to engage in unlawful sexual activity, in violation of 18 U.S.C. § 2422(b).
The Court rejected the challenge to the sentencing court’s use of a prior § 2422(b) conviction as a "crime of violence" for career offender enhancement purposes. The Court noted that the definition of a "crime of violence" referred to a crime involved a serious potential risk of injury. Citing the legislative history of § 2422(b) and the caselaw of other Circuits, the Court found that offenses involving sex crimes against minors always involve a risk that physical force will be used to ensure a child’s compliance with an adult’s sexual demands.
