United States Fourth Circuit

Sentence for being found in the U.S. after having been deported subsequent to a conviction for an aggravated felony is affirmed where the sentencing judge did not err in applying a sentencing enhancement since violation of former Georgia Code Ann. section 16-6-4 categorically constituted "sexual abuse of a minor," which the Sentencing Guidelines define as a "crime of violence."

Appellate Information

• Decided 04/11/2008
• Published 04/11/2008

Judges

• Before WILLIAMS, Chief Judge, and MOTZ and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Nia Ayanna Vidal, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Kyle Hansen, Office of the United States Attorney, Alexandria, Virginia, for Appellee.   ON BRIEF:  Michael S. Nachmanoff, Federal Public Defender, Alan H. Yamamoto, Assistant Federal Public Defender, Sapna Mirchandani, Research and Writing Attorney, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant.  Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellee.