Argued: May 11, 2017
from the United States District Court for the Western
District of Virginia, at Abingdon. James P. Jones, District
Jackson Beck, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Abingdon, Virginia, for Appellant.
Lee Jayne, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon,
Virginia, for Appellee.
W. Shelton, Federal Public Defender, OFFICE OF THE FEDERAL
PUBLIC DEFENDER, Roanoke, Virginia, for Appellant.
P. Fishwick, Jr., United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
NIEMEYER, MOTZ, and THACKER, Circuit Judges.
by published opinion. Judge Niemeyer wrote the opinion, in
which Judge Motz and Judge Thacker joined.
NIEMEYER, Circuit Judge.
Cammorto pleaded guilty to knowingly failing to register in
Virginia as a sex offender, in violation of 18 U.S.C. §
2250. Based on his underlying conviction in Georgia for rape,
the district court sentenced Cammorto as a Tier III offender
pursuant to U.S.S.G. § 2A3.5(a)(1) and thus imposed an
enhanced sentence of 41 months' imprisonment. Cammorto
now challenges the district court's reliance on his
Georgia rape conviction to find that he was a Tier III
offender, contending that his Georgia rape conviction did not
categorically match the federal crime so as to make him a
Tier III offender.
conclude that Cammorto's Georgia rape conviction does
indeed satisfy the requirements for finding him a Tier III
offender, as the Georgia offense was categorically
"comparable to or more severe than" the federal
crime of aggravated sexual abuse, as described in 18 U.S.C.
§ 2241, which is one of the offenses defining a Tier III
offender. 42 U.S.C § 16911(4)(A)(i); see also
U.S.S.G. § 2A3.5(a)(1); id. § 2A3.5 ...