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U.S. v. RAMIREZ-GARCIA

No. 10-13279.

646 F.3d 778 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Emiliano RAMIREZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 12, 2011.

Attorney(s) appearing for the Case

Patricia D. Barksdale, U.S. Atty., Jacksonville, FL, Robert E. O'Neill, David Paul Rhodes, Eduardo E. Toro-Font, U.S. Attys., Tampa, FL, for Plaintiff-Appellee.

Dionja L. Dyer, Fed. Pub. Def., Tampa, FL, Robert Godfrey and Donna Lee Elm, Fed. Pub. Defenders, Orlando, FL, for Defendant-Appellant.

Before HULL and BLACK, Circuit Judges, and HUCK, District Judge.

HUCK, District Judge:

Appellant Emiliano Ramirez-Garcia challenges the district court's decision to impose a 16-level enhancement to his base level offense score pursuant to U.S. Sentencing Guideline ("USSG") § 2L1.2(b)(1)(A). The district court based the enhancement on its finding that the North Carolina statute under which Ramirez-Garcia previously was convicted, N.C. Gen.Stat. § 14-202.1, constituted "sexual abuse of a minor" and, thus, was a "crime of...

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