Wences-Alcaide

MEMORANDUM **

Gerardo Wences-Alcaide appeals the district court’s imposition of a sixteen-level sentencing enhancement based on its determination that his prior felony conviction constituted a “crime of violence.” We affirm.

Wenees-Alcaide’s prior conviction was for Criminal Sexual Conduct in the Second Degree, in violation of section 609.343(l)(a) and (2) of the Minnesota Statutes. The relevant statutory provision criminalizes “sexual contact” with a person “under 13 years of age” where “the actor is more than 36 months older than the complainant.” Minn.Stat. § 609.343(l)(a). It provides that “consent to the act by the complainant” is not a defense, and that “the state is not required to prove that the sexual contact was coerced.” Id.

Wences-Alcaide contends that the statute reaches conduct that does not qualify as “sexual abuse of a minor,” a “crime of violence” under the United States Sentencing Guidelines, because it does not require any proof that the “sexual contact” was harmful or injurious. See U.S.S.G. § 2L1.2(b)(l)(A)(ii). He argues that the statute encompasses even consensual relations, which he maintains do not constitute maltreatment under our decision in United…