Quintero-Junco

United States v. Quintero-Junco

Good Law
138 F. App'x 992
United States Court of Appeals for the Ninth CircuitJuly 13, 2005No. 04-10036; D.C. No. CR-02-01691-CKJCalifornia540 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Juan Quintero-Junco appeals the sentence imposed by the district court after he pled guilty to illegal reentry into the United States after deportation. The district court did not violate Defendant’s Sixth Amendment rights by enhancing his sentence based on his prior conviction for attempted sexual abuse. See United States v. Booker, —U.S.-,-, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005) (stating that “[a]ny fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt”).

*994 Furthermore, the district court did not err in concluding that Defendant’s pri- or conviction constituted a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A). Arizona Revised Statute § 13-1404 defined “sexual abuse” as “intentionally or knowingly engaging in sexual contact with any person fifteen or more years of age without consent of that person or with any person who is under fifteen years of age if the sexual contact involves only the female breast.” Ariz.Rev.Stat. Ann. § 13-1404 (West…

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