United States v. Rivas, No. 15-41109 (5th Cir. 2016)
Annotate this CaseDefendant appealed his 41-month sentence for illegal reentry after deportation, arguing that the district court erred in imposing a 16-level sentencing enhancement. The enhancement was based on the district court's finding that a prior Ohio conviction for attempted unlawful sexual conduct with a minor constitutes a crime of violence. The court has previously held that Virginia and Louisiana statutes that lack any mens rea requirement nonetheless fall within the generic definition of “sexual abuse of a minor.” The court concluded that it necessarily follows that a statute like Ohio’s requiring at least a reckless state of mind concerning the age of the victim qualifies as “sexual abuse of a minor.” Accordingly, the court affirmed the judgment.
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