Lopez-Solis

BACKGROUND

In August 2002, a grand jury indicted Lopez-Solis for ille- gal entry into the United States after deportation, in violation of 8 U.S.C. § 1326, with an enhancement pursuant to 8 U.S.C. § 1326(b)(2) because of his 2001 conviction for statutory rape under title 39, chapter 13, section 506 of the Tennessee Code (“section 39-13-506”).2 Section 39-13-506 criminalizes sexual penetration of a minor under 18 years of age by an individual who is at least four years older.

Lopez-Solis admitted to having entered the United States illegally but reserved his right to appeal the statutory enhance- ment as well as any sentence imposed. The presentence report recommended a sixteen-level sentencing enhancement based on the statutory rape conviction. The district court agreed with the presentence report and subjected Lopez-Solis to the enhancement after it concluded that statutory rape was “sex- ual abuse of a minor,” and therefore a “crime of violence” under USSG § 2L1.2. The court sentenced Lopez-Solis to 46 months in prison, with 36 months of supervised release to fol- low.

Lopez-Solis now appeals, arguing that his Tennessee con- viction for statutory rape is not a conviction for…