U.S. v. ZAMORANO-PONCE

No. 11-10462.

699 F.3d 1117 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Raul ZAMORANO-PONCE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2012.


Attorney(s) appearing for the Case

Andrea L. Matheson , Matheson Law Firm, P.C., Tucson, AZ, for the defendant-appellant.

Robert L. Miskell , Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Before: ARTHUR L. ALARCÓN, SUSAN P. GRABER, and MARSHA S. BERZON, Circuit Judges.


OPINION

GRABER, Circuit Judge:

Defendant Raul Zamorano-Ponce appeals the sentence imposed after he pleaded guilty to illegal reentry after removal, in violation of 8 U.S.C. § 1326. The question before us is whether a prior conviction for "rape of a child in the third degree," in violation of Revised Code of Washington section 9A.44.079, qualifies as a "crime of violence" for the purpose of the sentencing enhancement under U.S.S.G. § 2L1.2(b)(1...

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