United States v. Juan Quintero-Junco

Good Law
754 F.3d 746·2014 WL 2611048·2014 U.S. App. LEXIS 10933
United States Court of Appeals for the Ninth CircuitJune 12, 201413-10087California3,389 words

Opinion

Opinion

Smith, J.

In this appeal, we consider whether the district court gave adequate weight to the United States Sentencing Guidelines (USSG or Guidelines) when sentencing Defendant-Appellant Juan Gregorio Quintero-Junco. We also consider whether Quintero-Junco’s prior conviction for attempted sexual abuse, in violation of Arizona Revised Statutes (ARS) § 13-1404, constitutes a “forcible sex offense,” and therefore a “crime of violence,” under the Guidelines. See USSG § 2L1.2 cmt. n. l(B)(iii). Because the district court adequately considered the Guidelines in fashioning Quintero-Junco’s sentence, we conclude that the court’s sentencing methodology was proper. Applying the modified categorical approach, we further conclude that the portion of ARS § 13-1404 under which Quintero-Junco was previously convicted is categorically a forcible sex offense. We therefore affirm the judgment of the district court.

FACTUAL AND PROCEDURAL BACKGROUND

Quintero-Junco, a citizen of Mexico, was arrested in Arizona on September 27, 2012. Because he had previously been deported on June 10, 2008, he was charged with illegal reentry after deportation, in violation of 8 U.S.C. § 1326 .

On December 6, 2012,…

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