at 422) (alteration in original). But even then, the equation of legal and factual non-consent mixes considerations of physical disparity (“smaller” or “weaker”) with considerations of mental or emotional disparities (“less experienced,” “authority figures”). While this assumption may be valid where the minor is a younger child, see, e.g., Reyes-Castro, 13 F.3d at 379, it does not hold true where the victim is an older adolescent, who is able to engage in sexual intercourse voluntarily, despite being legally incapable of consent. See United States v. Houston, 364 F.3d 243, 247 (5th Cir.2004) (distinguishing factual and legal consent for purposes of determining whether statutory rape is a crime of violence under U.S.S.G. § 4B1.2); Dickson v. Ashcroft, 346 F.3d 44, 51-52 (2d Cir.2003) (<HOLDING>). Therefore, while we agree that the
holding dwi intoxicated operation of a motor vehicle in a public place is clearly not a crime of violence under 18 usc  16b holding that theft from the person is not a crime of violence holding that the impact upon the victims is relevant to circumstances of the crime holding that unlawful imprisonment of a minor or incompetent adult is not a crime of violence under  16b because the crime can be accomplished with the victims acquiescence holding a crime committed under a nebraska statute criminalizing sexual contact between an adult and a minor a felony crime of violence for sentencing purposes