Case Explained: UNITED STATES OF AMERICA v. LARRY DARNELL DOSS

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-07-23 The Seventh Circuit affirmed the district court’s imposition of a “crime of violence” sentencing enhancement on Larry Doss for his prior Indiana sexual battery conviction. The court held that the district court did not err in classifying Doss’s 2017 conviction under Indiana Code § 35-42-4-8(a)(2) as a “forcible sex offense” within the meaning of U.S.S.G. § 4B1.2(a), thereby justifying the increased base offense level under U.S.S.G. § 2K2.1(a)(4)(A). The court applied the plain error standard of review because Doss failed to object to the enhancement at sentencing, requiring him to demonstrate an error that is plain and affects substantial rights. In analyzing whether the prior conviction qualified as a crime of violence, the court utilized the modified categorical approach, noting that the Indiana statute was divisible. The court rejected Doss’s argument that the Guidelines’ reference to 18 U.S.C. § 2241(c) in defining “forcible sex offense” applied universally to all such offenses, instead determining that the phrase must be interpreted according to its ordinary, contemporary, and common meaning. Aligning with other circuits, the court defined a “forcible sex offense” as any nonconsensual sexual contact. Because Indiana Code § 35-42-4-8(a)(2) criminalizes touching intimate body parts when the victim is unaware of the conduct, the statute inherently prohibits nonconsensual sexual contact. Consequently, the conviction constitutes a “forcible sex offense” and a “crime of violence.” As a result of this holding, Doss’s appeal for resentencing was denied, and the original sentence of 41 months’ imprisonment followed by two years of supervised release remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.