US v. Juan Rios-Rios, No. 14-4076 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4076 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN RIOS-RIOS, a/k/a Servando Rios-Rios, a/k/a Angel RiosMartinez, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:13-cr-00234-BO-1) Submitted: November 18, 2014 Decided: November 20, 2014 Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Eric J. Brignac, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Juan Rios-Rios pled guilty to illegal reentry of an aggravated felon, under 8 U.S.C. § 1326(a), (b)(2) (2012), and was sentenced to sixty months of imprisonment. On appeal, Rios- Rios challenges the sixteen-level enhancement to his Sentencing Guidelines range, arguing that his North Carolina conviction for taking indecent liberties with a child is not a “crime violence” for purposes of the illegal re-entry Guideline. of U.S. Sentencing Guidelines Manual (USSG) § 2L1.2(b)(1)(A)(ii) (2013). Rios-Rios’ precedent. argument is by circuit In United States v. Perez-Perez, 737 F.3d 950, 952 (4th Cir. 2013), cert. denied, (Oct. foreclosed 6, 2014) (No. liberties with a S. Ct. 13-10374), minor under we held N.C. , 2014 WL 2514329 that Gen. taking Stat. § indecent 14–202.1(a) (2013), qualifies categorically as sexual abuse of a minor and therefore is a crime of violence within the meaning of USSG § 2L1.2(b)(1)(A); see United States v. Diaz–Ibarra, 522 F.3d 343 (4th Cir. 2008). Accordingly, dispense with contentions are oral we affirm argument adequately Rios-Rios’ because presented in the the sentence. facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 2