United States v. Martinez-Zamaripa, 680 F.3d 1221

Martinez-Zamaripa pleaded guilty to being an alien present in the United States after deportation under 8 U.S.C. §1326(a),(b)(2).
District court sentenced 54 months based on a 16‑level enhancement under U.S.S.G. §2L1.2(b)(1)(A)(ii) for a prior conviction of a crime of violence, citing an Oklahoma indecent proposal to a child in 1995.
Martinez-Zamaripa challenged the use of his state conviction as a crime of violence under the Guideline.
The district court used both the categorical and modified categorical approaches to determine the enhancement.
The state offense, Oklahoma §1123(A)(1), covers lewd or indecent proposals to a child under 16; Martinez-Zamaripa was convicted under this subsection.
Court held that the indecent proposal to a minor falls within the enumerated offense of sexual abuse of a minor and thus is a crime of violence under §2L1.2.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether indecent proposal to a minor qualifies as crime of violence under §2L1.2(b)(1)(A)(ii).	Government contends the conduct falls within the enumerated offense of sexual abuse of a minor.	Martinez-Zamaripa argues the state conviction does not map to sexual abuse of a minor under the Guideline.	Yes; indecent proposal to a minor falls within the enumerated offense and supports the enhancement.

Rivera-Oros v. United States, 590 F.3d 1123 (10th Cir. 2009) (defines crime-of-violence analysis and enumerated offenses)
De La Cruz-Garcia v. United States, 590 F.3d 1157 (10th Cir. 2010) (applies modified categorical approach for sexual-abuse query)
Becker v. United States, 625 F.3d 1309 (10th Cir. 2010) (prior indecent solicitation related to sexual abuse of a minor; supports equivalence)
Vargas v. Department of Homeland Security, 451 F.3d 1105 (10th Cir. 2006) (crimes involving encouraging conduct toward a minor can relate to sexual abuse)
Zuniga-Soto v. United States, 527 F.3d 1110 (10th Cir. 2008) (discusses scope of modified categorical approach)
Cornelio-Pena v. United States, 435 F.3d 1279 (10th Cir. 2006) (inchoate/derivative offenses and enumerated offenses)