United States v. Zamorano-Ponce, No. 11-10462 (9th Cir. 2012)
Annotate this CaseDefendant appealed the sentence imposed after he pleaded guilty to illegal reentry after removal. The court affirmed the sentence, holding that a prior conviction for "rape of a child in the third degree," in violation of Revised Code of Washington section 9A.44.079, categorically qualified as "statutory rape," which was a crime of violence for the purpose of a sentencing enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii).
Court Description: Criminal Law. Affirming a sentence for illegal reentry after removal, the panel held that a prior conviction for “rape of a child in the third degree,” in violation of Revised Code of Washington section 9A.44.079, categorically qualifies as “statutory rape,” which is a “crime of violence” for the purpose of a sentencing enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii).
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