United States v. Ernesto Martinez-Vazquez

MEMORANDUM *

Appellant Ernesto Martinez-Vazquez appeals the district court’s application of a sixteen-level sentencing enhancement to his sentence for illegal reentry after deportation. The district court found that Martinez-Vazquez’s conviction under North Carolina General Statute § 14-202.1 for taking indecent liberties with a child qualified as “sexual abuse of a minor” under the modified categorical approach, and was therefore a crime of violence. Martinez-Vazquez appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. CATEGORICAL CRIME OF VIOLENCE

We review de novo whether a prior conviction constitutes a “crime of violence” under U.S.S.G. § 2L1.2. United States v. Medina-Villa, 567 F.3d 507, 511 (9th Cir.2009).

*30 To determine whether Martinez-Vazquez’s prior conviction qualifies as a crime of violence, we apply the approach set forth in Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). We first consider whether the prior offense “is categorically a crime of violence by assessing whether the full range of conduct covered by the statute falls within the meaning of that term.” United States v. Grajeda, 581 F.3d 1186,…

concurring:

I concur in the result.

FILED

NOT FOR PUBLICATION DEC 14 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 09-10184

Plaintiff - Appellee, D.C. No. 4:08-CR-01293-CKJ-

HCE-1

v.

ERNESTO MARTINEZ-VAZÏUEZ, MEMORANDUM *

Defendant - Appellant.

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Argued and Submitted September 1, 2010 San Francisco, California

Before: B. FLETCHER, TALLMAN and RAWLINSON, Circuit Judges.

Appellant Ernesto Martinez-Vazquez appeals the district court's application

of a sixteen-level sentencing enhancement to his sentence for illegal reentry after

deportation. The district court found that Martinez-Vazquez's conviction under

North Carolina General Statute y 14-202.1 for taµing indecent liberties with a

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. child qualified as 'sexual abuse of a minor' under the modified…