United States Ninth Circuit

A conviction under North Carolina General Statute (N.C.G.S.) section 14-202.1, for taking indecent liberties with a child, is not necessarily a "crime of violence," as defined by U.S.S.G. section 2L1.2(b)(1)(A)(ii) to include "sexual abuse of a minor." Defendant's sentence, entered following his guilty plea to illegal re-entry after deportation, is remanded for resentencing pursuant to a claim that a prior felony conviction was not "sexual abuse of a minor," a "crime of violence" under United States Sentencing Guidelines.

Appellate Information

• Argued 04/05/2006
• Decided 09/26/2006
• Published 09/26/2006

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before: B. FLETCHER, BEEZER, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Micaela Portillo, Assistant Federal Public Defender, Tucson, AZ, argued the case for the appellant;  Jon M. Sands, Federal Public Defender, and Brian I. Rademacher, Assistant Federal Public Defender, Tucson, AZ, were on the briefs.


• For Appellees:
  
• Elizabeth Berenguer, Assistant U.S. Attorney, Tucson, AZ, argued the case for the appellee;  Paul K. Charlton, United States Attorney, and Christina M. Cabanillas, Appellate Chief, were on the briefs.