GA 16-6-22 - GA 16-6-22

Application Relationship to federal sentencing. - When a defendant pled guilty to violating 8 U.S.C. § 1326(a) and the defendant objected to a 16-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(iii) based on the defendant's conviction in Georgia of sexual battery of a victim under 16, in violation of O.C.G.A. § 16-6-22.1(d) , the common definition of sexual abuse of a minor included as an element that the conduct be for a purpose associated with sexual gratification. However, the Georgia offense of sexual battery did not include that as an element; therefore, the Georgia crime of sexual battery under § 16-6-22.1 did not substantially correspond to the common definition of sexual abuse of a minor. United States v. Hernandez-Gonzalez, F. Supp. 2d (M.D. Ga. Jan. 31,...