Rowland was charged in a one-count indictment with possession of a firearm and ammunition after former conviction of a felony. One of the former convictions was sexual battery. The district court determined that the felony of sexual battery under Oklahoma law constituted a crime of violence under the Federal Sentencing Guidelines, and, as such, could be used to enhance his felon in possession of a firearm sentence. Rowland appealed his conviction, specifically contesting the characterization of his prior conviction for sexual battery as premised upon conduct constituting a crime of violence. On appeal, the circuit court noted that Oklahoma’s sexual battery statute presupposed lack of consent, which implicated serious potential risk of physical injury to another. The court then went on to explain that physical injury need not be a certainty for a crime to pose a serious risk of physical injury; the possibility that a crime may be completed without injury is irrelevant to the determination of whether it constitutes a crime of violence which can be used to increase a base offense level for firearms offense conviction. Under this analysis, the court held that sexual battery, under Oklahoma law, implicates a concomitant serious risk of physical injury, and therefore Rowland’s sexual battery conviction was a “crime of violence” that could be used to enhance his sentence.
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