United States Ninth Circuit

In defendant's conviction for illegal reentry, district court's imposition of a 33-month sentence in applying a 16-level enhancement based on a prior "crime of violence" is affirmed where defendant's prior conviction for "rape of a child in the third degree," in violation of the Revised Code of Washington section 9A.44.079, categorically qualifies as "statutory rape," which is a crime of violence for the purposes of a sentencing enhancement under U.S.S.G. section 2L1.2(b)(1)(A)(ii).

Appellate Information

• Decided 11/06/2012
• Published 11/06/2012

Judges

• Graber

Court

• United States Ninth Circuit

Counsel