Rodriguez-Guzman

BACKGROUND

The facts below are straightforward and materially undis- puted. Javier Rodriguez-Guzman (“Guzman”) was indicted on a single-count of violating 8 U.S.C. § 1326(a), Unlawful Reentry by a Deported Alien. He was arrested on September 30, 2005, having been deported several prior times. Guzman entered a guilty plea on December 15, 2005, reserving the right to challenge his sentence. Guzman’s Presentencing Report (“PSR”) revealed a conviction in April 2002 for “Un- lawful Sexual Intercourse With a Minor,” under Cal. Penal Code section 261.5(c) (2000). 14146 UNITED STATES v. RODRIGUEZ-GUZMAN Relying on that conviction, the district court determined that section 261.5(c) constituted statutory rape, a per se “crime of violence” under § 2L1.2(b)(1)(A)(ii) of the Sen- tencing Guidelines. The district court imposed an automatic 16-level enhancement to the sentence, without examining the underlying facts of Guzman’s conviction under section 261.5(c). Similarly, the district court did not consider whether the age of consent in section 261.5(c)—eighteen years old— was consistent with a generic and uniform definition of statu- tory rape. The sole issue on appeal is whether…