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U.S. v. Lucas, No. 97-60577 (5th Cir.) (157 F.3d 998) (October 9, 1998) (Judge Jerry E. Smith)

Here the court held that even through a warden pled guilty to a misdemeanor, the nature of his crime was a felony rape of the inmate since, in in position as warden, "he had almost complete control over his victim's life. Thus the applicable Guidelines was for criminal sexual abuse …

 

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