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042214P.pdf   06/01/2005  United States  v.  James A. Mincks
   U.S. Court of Appeals Case No:  04-2214
   Western District of Missouri   
   Criminal Case - sentence. District court did not err in classifying state 
   second-degree statutory rape and second-degree sodomy as violent 
   felonies for purposes of Armed Career Criminal Act. Even though 
   physical force or threatened use of such force is not an element of second- 
   degree statutory rape or sodomy, categorically, the statutory sexual 
   offenses present a serious potential risk of physical injury to another. 
   Whether a prior conviction is a violent felony under ACCA is a question 
   of law for the court, not a jury, and does not invoke a Blakely or Booker 
   error. [PUBLISHED] [Riley, Author, with Bowman and Gruender, 
   Circuit Judges]