In U.S. v. Madison, No. 06-11914 (Feb. 12, 2007), the Court affirmed the use, by cross-reference, of a criminal sex abuse sentence enhancement under USSG § 2A3.1, for a defendant who pled guilty to sex trafficking by force.
The defendant argued that the sentence enhancement applied in cases of forcible rape, not for using violence (as he did) to keep a prostitute in his employ.
The Court recognized that because the Guideline provision was amended in 2004, its prior caselaw was not applicable. However, under the current law, the application of the cross-reference was correct. The use of fear and violence to keep a person in one’s employ to commit sex acts qualified as the use of force, and therefore qualified for the cross-reference enhancement.
