United States v. Ruben Baza-Martinez, AKA Ruben Baza-Martines, Ruben Baza Martinex

I.

Ruben Baza-Martinez appeals his seventy-month sentence, following his guilty plea to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326 . We remand for resentencing.

Baza-Martinez contends that the imposition of a sixteen-level sentencing enhancement was not justified because his prior felony conviction under North Carolina General Statute (N.C.G.S.) § 14-202.1, for taking indecent liberties with a child, is not “sexual abuse of a minor,” a “crime of violence” under United States Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(l)(A)(ii). Baza-Martinez also challenges the district court’s decisions not to grant his requests for a downward adjustment for acceptance of responsibility and for a downward departure based on cultural assimilation.

The record contains no documents that reveal the specifics of Baza-Martinez’s conduct. As we are unable to undertake the modified categorical approach, we decide this case using the categorical approach outlined in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). Employing the categorical approach and considering the full range of conduct criminalized by N.C.G.S. § 14-202.1, we hold that a…