United States v. Alay, No. 15-41125 (5th Cir. 2017)Annotate this Case
Defendant appealed his sentence after being convicted of illegal reentry. The court concluded that the district court did not err by applying a crime-of-violence (COV) enhancement under the sentencing guidelines based on defendant's conviction of rape in California. The court explained that the elements of conviction under the California Penal Code 261(a)(3) match the definition of forcible sex offense under the guidelines pursuant to USSG 2L1.2cmt. n.1(B)(iii). The court rejected defendant's arguments to the contrary and affirmed the judgment.