United States v. Lara-Martinez, No. 15-41497 (5th Cir. 2016)
Annotate this CaseAfter defendant plead guilty to illegal reentry, he challenged the district court’s determination that his underlying Missouri conviction for sexual misconduct involving a child qualified as a crime of violence, specifically sexual abuse of a minor, under the Sentencing Guidelines. Defendant argued that the statute does not require proof that the victim was a child and, thus, does not fall within the generic definition of sexual abuse of a minor. Applying the modified categorical approach, the court concluded that defendant failed to show a realistic probability that Missouri would apply its statute to conduct that falls outside the generic definition of sexual abuse of a minor based on the peace officer provision. Accordingly, the court affirmed the judgment.
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