U.S. v. PEREIRA-SALMERON

No. 02-10071.

337 F.3d 1148 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Esly PEREIRA-SALMERON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2003.


Attorney(s) appearing for the Case

Virginia C. Kelly and Serra A. Tsethlikai, Office of the U.S. Attorney, Tucson, AZ, for the Appellant.

Hector A. Montoya, Tucson, AZ, for the Appellee.

Before B. FLETCHER, RAWLINSON and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge.

This case presents the question of whether a prior felony conviction under Virginia Code § 18.2-63, for carnal knowledge of a child between 13 and 15 years of age, constitutes a conviction for a "crime of violence" under the Federal Sentencing Guidelines provision governing sentences for unlawful re-entry into the United States, U.S.S.G. § 2L1.2 (2002). Under the November 2001 amendments to the Sentencing Guidelines, a defendant convicted...

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