United States v. Raul Zamorano-Ponce

Defendant Raul Zamorano-Ponce appeals the sentence imposed after he pleaded guilty to illegal reentry after removal, in violation of 8 U.S.C. § 1326 . The question before us is whether a prior conviction for “rape of a child in the third degree,” in violation of Revised Code of Washington section 9A.44.079, qualifies as a “crime of violence” for the purpose of the sentencing enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii). Reviewing de novo, United States v. Espinoza-Morales, 621 F.3d 1141, 1144 (9th Cir.2010), we answer “yes” and, therefore, affirm the sentence.

In 2003, Defendant pleaded guilty in state court to “rape of a child in the third degree,” in violation of Revised Code of Washington section 9A.44.079. The state court sentenced him to a 12-month term of imprisonment. After serving just over half of the sentence, Defendant was released from prison and removed from the United States.

In 2011, the United States Border Patrol apprehended Defendant and several others a few miles from the United States-Mexico border, near Lukeville, Arizona. The group admitted to being Mexican citizens without documentation to establish the legality of their presence in the United…