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U.S. v. RANGEL-CASTANEDA

No. 12-4408.

709 F.3d 373 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Eduardo RANGEL-CASTANEDA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 7, 2013.

Attorney(s) appearing for the Case

ARGUED: Joshua B. Carpenter , Federal Defenders of Western North Carolina, Inc., Asheville, North Carolina, for Appellant. William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Henderson Hill , Executive Director, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge FLOYD and Judge GOODWIN joined.

OPINION

WILKINSON, Circuit Judge:

The district court held in this case that defendant Eduardo Rangel-Castaneda's Tennessee statutory rape conviction qualified as a generic "statutory rape" offense and thus constituted a "crime of violence" under the sentencing enhancement established at U.S.S.G. § 2L1.2(b)(1)(A)(ii). This was incorrect.

Employing the "categorical approach" for assessing the applicability of enhancements, as articulated in

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