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U.S. v. CHAVARRIYA-MEJIA

No. 03-10753.

367 F.3d 1249 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jose CHAVARRIYA-MEJIA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 29, 2004.

Attorney(s) appearing for the Case

Allison Veronica Dawson and Mildred Geckler Dunn, Federal Public Defenders, Federal Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Angela M. Jordan, Amy Levin Weil, Atlanta, GA, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and DUBINA and COX, Circuit Judges.

PER CURIAM:

Defendant-Appellant Jose Chavarriya-Mejia pleaded guilty to illegal entry into the United States. He appeals his sentence, arguing that the district court erred in applying a 16-level increase under U.S.S.G. § 2L1.2 because statutory rape is not a "crime of violence."1

BACKGROUND

In 1994 or 1995, Chavarriya-Mejia illegally entered the United States. While in the United States, Chavarriya-Mejia was convicted...

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