United States Ninth Circuit

A sentence for entering the U.S. illegally is vacated pursuant to defendant's claim that his prior conviction for statutory rape was not for "sexual abuse of a minor," and therefore not a "crime of violence" for purposes of sentence enhancement under a sentencing guideline.

Appellate Information

• Argued 03/11/2004
• Decided 05/19/2006
• Published 05/19/2006

Judges

• T.G. NELSON, Circuit Judge., Before THOMAS G. NELSON, SUSAN P. GRABER, and WILLIAM A. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Alfred Islas, Tucson, AZ, for the defendant-appellant., Paul K. Charlton, United States Attorney, Christina Cabanillas, Deputy Chief, Appellate Section, and Jeffrey H. Jacobson, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.