US v. Martin Alvarez-Yanez, No. 13-4046 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4046 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARTIN ALVAREZ-YANEZ, a/k/a Martin Abraves-Yanez, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:11-cr-00152-CCE-1) Submitted: January 13, 2014 Decided: January 17, 2014 Before AGEE, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Mark E. Edwards, EDWARDS & TRENKLE, PLLC, Durham, North Carolina, for Appellant. Ripley Rand, United States Attorney, Kyle D. Pousson, Special Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Martin Alvarez-Yanez appeals the forty-four month sentence imposed following this court s remand for resentencing pursuant to United States v. Vann, 660 F.3d 771 (4th Cir. 2011) (en banc). court s under On appeal, Alvarez-Yanez challenges the district application U.S. of a sixteen-level Sentencing § 2L1.2(b)(1)(A)(ii) sentencing enhancement Manual ( USSG ) Guidelines (2011), upon finding that he had deported after being convicted of a crime of violence. been Finding no error, we affirm. In district reviewing court did a sentence, not commit we any must ensure significant that the procedural error, such as failing to properly calculate the applicable Guidelines (2007). range. We Gall v. United de novo the review States, issue of 552 U.S. whether 38, a 51 prior conviction constitutes a crime of violence for purposes of a sentencing enhancement. United States v. Diaz-Ibarra, 522 F.3d 343, 347 (4th Cir. 2008). A defendant like Alvarez-Yanez who is convicted of illegal reentry in violation of 8 U.S.C. § 1326 (2012), faces a sixteen-level previously was increase deported to his from the base offense United States level if following he a conviction for a felony that is . . . a crime of violence. USSG § 2L1.2(b)(1)(A)(ii). Here, 2 the district court applied this enhancement based on Alvarez-Yanez s prior conviction for taking indecent liberties with a child, in violation of N.C. Gen. Stat. § 14-202.1 (2013). argue that this conviction Alvarez-Yanez relies on Vann to does not constitute a crime of violence for purposes of USSG § 2L1.2(b)(1)(A)(ii). We have recently held, in a published opinion, that a North Carolina conviction for taking indecent liberties with a minor qualifies categorically as sexual abuse of a minor, and therefore upheld an enhancement provision at issue here. 950, 951 (4th Cir. under the very Guideline United States v. Perez-Perez, 737 F.3d 2013). Alvarez-Yanez s contrary are therefore foreclosed. arguments to the Accordingly, the district court did not err in applying the challenged enhancement. We therefore affirm the district court s judgment. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 3
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