Tafoya-Montelongo
United States v. Tafoya-Montelongo
Opinion
Opinion
Mills, J.
Homero Tafoya-Montelongo appeals the 52-month sentence imposed following his open plea of guilty to a single-count indictment charging him with illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 as enhanced by 8 U.S.C. § 1326 (b)(2), on the basis that he had previously been removed from the United States following a conviction of an aggravated felony.
Tafoya-Montelongo contends that the district court committed error in determining that his conviction for attempted sexual abuse of a child was a “crime of violence” and applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii).
We affirm.
I.
On July 13, 2007, Tafoya-Montelongo was convicted of two separate offenses in the Third Judicial District Court in Salt Lake City, Utah: (1) attempted sexual abuse of a child, in violation of Utah Code § 76-5-404.1; and (2) unlawful sexual activity with a minor, in violation of Utah Code § 76-5-401. He committed the first offense in April of 2006 and was out on bond when he committed the second offense in July of 2006. The first offense involved a girl under the age of 14. According to a presentence report, Tafoya-Montelongo touched the girl “near her…