U.S. v. RIOS-RIOS, 14-4076. (2014)
Court: Court of Appeals for the Fourth Circuit
Number: infco20141120183
Visitors: 16
Filed: Nov. 20, 2014
Latest Update: Nov. 20, 2014
Summary: UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Juan Rios-Rios pled guilty to illegal reentry of an aggravated felon, under 8 U.S.C. 1326(a), (b)(2) (2012), and was sentenced to sixty months of imprisonment. On appeal, Rios-Rios challenges the sixteen-level enhancement to his Sentencing Guidelines range, arguing that his North Carolina conviction for taking indecent liberties with a child is not a "crime of violence" for purposes of the illegal re-e
Summary: UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Juan Rios-Rios pled guilty to illegal reentry of an aggravated felon, under 8 U.S.C. 1326(a), (b)(2) (2012), and was sentenced to sixty months of imprisonment. On appeal, Rios-Rios challenges the sixteen-level enhancement to his Sentencing Guidelines range, arguing that his North Carolina conviction for taking indecent liberties with a child is not a "crime of violence" for purposes of the illegal re-en..
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UNPUBLISHED
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM.
Juan Rios-Rios pled guilty to illegal reentry of an aggravated felon, under 8 U.S.C. § 1326(a), (b)(2) (2012), and was sentenced to sixty months of imprisonment. On appeal, Rios-Rios challenges the sixteen-level enhancement to his Sentencing Guidelines range, arguing that his North Carolina conviction for taking indecent liberties with a child is not a "crime of violence" for purposes of the illegal re-entry Guideline. U.S. Sentencing Guidelines Manual (USSG) § 2L1.2(b)(1)(A)(ii) (2013).
Rios-Rios' argument is foreclosed by circuit precedent. In United States v. Perez-Perez, 737 F.3d 950, 952 (4th Cir. 2013), cert. denied, ___ S. Ct. ___, 2014 WL 2514329 (Oct. 6, 2014) (No. 13-10374), we held that taking indecent liberties with a minor under N.C. Gen. Stat. § 14-202.1(a) (2013), qualifies categorically as sexual abuse of a minor and therefore is a crime of violence within the meaning of USSG § 2L1.2(b)(1)(A); see United States v. Diaz-Ibarra, 522 F.3d 343 (4th Cir. 2008).
Accordingly, we affirm Rios-Rios' sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED.
Source: Leagle
