USA V. FRANCISCO GODINEZ-VALENCIA, No. 13-30065 (9th Cir. 2014)
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FILED MAY 16 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-30065 D.C. No. 3:12-cr-00437-MA-1 v. MEMORANDUM* FRANCISCO GODINEZ-VALENCIA, Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Malcolm F. Marsh, Senior District Judge, Presiding Submitted May 13, 2014** Portland, Oregon Before: GOODWIN, IKUTA, and N.R. SMITH, Circuit Judges. Francisco Godinez-Valencia appeals the district court s decision that his conviction under Oregon Revised Statutes section 163.365 qualifies as an * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). aggravated felony under 8 U.S.C. § 1101(a)(43)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. We review de novo whether a past conviction constitutes an aggravated felony. Murillo-Prado v. Holder, 735 F.3d 1152, 1156 (9th Cir. 2013). Oregon s statute proscribes sexual intercourse with a minor under fourteen years of age. See Or. Rev. Stat. § 163.365(1). Godinez-Valencia s conviction under this statute qualifies as an aggravated felony, because it categorically constitutes sexual abuse of a minor under the three-part federal generic definition articulated in United States v. Baron-Medina, 187 F.3d 1144 (9th Cir. 1999).1 First, the conduct proscribed by the statute is sexual. See United States v. Medina-Villa, 567 F.3d 507, 513 (9th Cir. 2009). Second, the statute protects minors. See id. Third, the statute proscribes only sexual conduct with children under the age of fourteen, and therefore prohibits conduct that is per se abusive. See United States v. Valencia-Barragan, 608 F.3d 1103, 1107 (9th Cir. 2010). AFFIRMED. 1 Our holding compels rejection of Godinez-Valencia s alternative argument that Oregon Revised Statutes section 163.365 does not constitute sexual abuse of a minor under the sentencing guidelines. See United States v. Medina-Villa, 567 F.3d 507, 511 12 (9th Cir. 2009) ( [D]ecisonal law defining the term sexual abuse of a minor in the sentencing context is informed by the definition of the same term in the immigration context and vice versa. (citations omitted)). -2-
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