United States v. Juan De La Cruz-Lopez

MEMORANDUM

Defendant-Appellant Juan De La Cruz-Lopez was convicted of illegal reentry following deportation under 8 U.S.C. § 1326 and now appeals his sentence. He argues that a prior conviction in Rhode Island for second degree child molestation sexual assault does not qualify as a “crime of violence” under U.S. Sentencing Guidelines Manual § 2L1.2(b)(l)(A) and thus a 16-level sentencing enhancement was improperly applied to increase his Guidelines range. We have jurisdiction pursuant to ' 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a)(2), and now affirm.

In 2009, Defendant pled nolo contendere to second-degree child molestation sexual assault under Rhode Island General Laws § 11-37-8.3. The prosecution recited the facts it would establish at trial, which Defendant admitted, specifically that he engaged in sexual contact with a 13-year-old girl by touching her “genital region.” Application Note l.B(iii) to U.S. Sentencing Guidelines Manual § 2L1.2 lists “sexual abuse of a minor” as one of the qualifying “crimes of violence” for a 16-level enhancement. The district court ruled that Defendant’s prior conviction constituted “sexual abuse of a minor” in that sexual contact with a…