Mens rea doesn’t necessarily factor into a court’s “crime of violence” analysis when applying a Sentencing Guidelines enhancement.
In 2003, Raul Zamorano-Ponce pleaded guilty in state court to “rape of a child in the third degree,” a Washington statutory rape violation. The state court sentenced him to a 12-month term of imprisonment. After serving just over half of the sentence, he was released from prison and removed from the U.S.
In 2011, U.S. Border Patrol apprehended Zamorano-Ponce a few miles from the United States-Mexico border, near Lukeville, Arizona. He admitted to being a Mexican citizen without documentation to establish legal presence in the United States.