United States v. Martinez-Zamaripa, No. 11-5132 (10th Cir. 2012)
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Defendant David Martinez-Zamaripa pled guilty to being an alien present in the United States after deportation. The district court imposed a sentence of 54 months based on a 16-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii) for prior conviction of a crime of violence, citing Defendant's Oklahoma conviction for indecent proposal to a child in 1995. Defendant appealed the sentence, arguing that his state conviction should not have been considered a crime of violence under the Guideline. Upon review, the Tenth Circuit concluded that Defendant's Oklahoma conviction was indeed a crime of violence, and affirmed his sentence.
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