United States v. Felix Perez-Xia

MEMORANDUM

Defendant-Appellant Perez-Xia appeals the sentence imposed following his guilty plea to illegal reentry after deportation. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not commit plain error in determining that Perez-Xia’s felony conviction for sexual indecency with a child qualified him for a 16-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(l)(A) because the conviction meets the requirements for a crime of violence under the modified categorical approach. A “crime of violence” is defined in the Guidelines to include “sexual abuse of a minor.” U.S. Sentencing Guidelines Manual § 2L1.2 cmt. n. l(B)(iii). The district court correctly determined that Perez-Xia’s conduct in exposing his genitals to a 4 year-old is sufficient to establish sexual abuse of a minor under the modified categorical approach because “[t]he use of young children for the gratification of sexual desires constitutes an abuse.” United States v. Baron-Medina, 187 F.3d 1144, 1147 (9th Cir.1999). The district court did not err in relying on the presentence report for a description of the underlying facts of the prior conviction because the…