United States v. Juan Rios-Rios

U.S. Court of Appeals for the Fourth Circuit
United States v. Juan Rios-Rios, 585 F. App'x 210 (4th Cir. 2014)

United States v. Juan Rios-Rios

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.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 of violence” for purposes of the illegal reentry Guideline. U.S. Sentencing Guidelines Manual (USSG) § 2L1.2(b)(1)(A)(ii) (2013).

Rios-Rios’ argument is foreclosed by circuit precedent. In United States v. Perez-Perez, 737 F.3d 950, 952 (4th Cir. 2013), ce rt. denied, — U.S. -, 135 S.Ct. 102, — L.Ed.2d -, 2014 WL 2514329 (Oct. 6, 2014) (No. 13-10374), we held that taking indecent liberties with a minor under N.C. Gen.Stat. § 14-202.1(a) (2013), qualifies categorically as sexual abuse of a minor and therefore is a crime *211 of violence within the meaning of USSG § 2L1.2(b)(l)(A); see United States v. Diaz-Ibarra, 522 F.3d 343 (4th Cir. 2008).

Accordingly, we affirm Rios-Rios’ sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Juan RIOS-RIOS, A/K/A Servando Rios-Rios, A/K/A Angel Rios-Martinez, Defendant-Appellant
Status
Unpublished