United States v. Cosme Medina-Maella

This case presents the question of whether a prior felony conviction for lewd or lascivious acts upon a child under the age of 14 years, under California Penal Code § 288, constitutes a conviction for a “crime of violence” under the Federal Sentencing Guidelines provision governing sentences for unlawful re-entry into the United States, U.S.S.G. § 2L1.2 (2002). The district court held that Defendant Cosme Medina-Maella’s 1999 conviction for violation of that California statute did constitute a “crime of violence” under § 2L1.2, and that the corresponding 16-level sentencing enhancement was appropriate. Medina-Maella argues that his prior conviction was for a simple aggravated felony, not for a “crime of violence,” and that he should only be subject to an 8-level enhancement. Following our recent holding in United States v. Pereira-Salmeron, 337 F.3d 1148 (9th Cir.2003), we conclude that Medina-Maella’s prior conviction was for a “crime of violence” under § 2L1.2. Thus, we affirm the district court’s imposition of the greater 16-level enhancement.

I. BACKGROUND

Medina-Maella’s California conviction arose from a sexual relationship that he had with a girl who was 13 years old. At…