United States v. Ramirez-Garcia
2011 U.S. App. LEXIS 14239
11th Cir.2011Background
- Ramirez-Garcia, a Mexican citizen, illegally entered the U.S. in 2000 and was later deported after NC convictions for taking indecent liberties with a child.
- The North Carolina statute, N.C. Gen.Stat. § 14-202.1, broadly criminalizes indecent liberties with a child under 16 by various means, including non-contact acts.
- Ramirez-Garcia pled guilty to two counts of taking indecent liberties with a child, with state indictments not specifying which prong of § 14-202.1(a) he violated, and the State dismissed related statutory rape charges.
- After reentry in 2007, Ramirez-Garcia was arrested in 2010, and pled guilty to being an alien found in the U.S. after deportation, triggering U.S.S.G. § 2L1.2 base calculations.
- The Probation Office applied a 16-level enhancement under § 2L1.2(b)(1)(A) based on treating the NC offense as a crime of violence due to 'sexual abuse of a minor'.
- The district court found the NC offense to be a 'similar crime' to sexual abuse of a minor and, based on the plea records, applied the enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NC § 14-202.1 constitutes sexual abuse of a minor. | Ramirez-Garcia contends Padilla-Reyes narrows the scope of sexual abuse of a minor; NC statute may be broader. | Ramirez-Garcia relies on Padilla-Reyes; the NC offense is within the generic definition of sexual abuse of a minor. | Yes; NC § 14-202.1 is at least as broad as Padilla-Reyes' sexual abuse of a minor. |
| Whether the court should apply a categorical or modified-categorical approach to determine the NC conviction qualifies as a crime of violence. | Padilla-Reyes and Taylor guide a categorical approach; evaluate the statutory definition alone. | The record may permit a modified approach to assess whether the plea admitted the generic offense. | The court applies the Taylor framework and Padilla-Reyes, using a broad, plain-meaning approach for sexual abuse of a minor. |
Key Cases Cited
- Padilla-Reyes, 247 F.3d 1158 (11th Cir. 2001) (defines 'sexual abuse of a minor' for 2L1.2 in plain-meaning terms)
- Taylor v. United States, 495 U.S. 575 (Supreme Court 1990) (generic definition via categorical approach for prior offenses)
- Shepard v. United States, 544 U.S. 13 (Supreme Court 2005) (establishes the standard for the modified-categorical approach)
- Bahar v. Ashcroft, 264 F.3d 1309 (11th Cir. 2001) (affirms scope of 'sexual abuse of a minor' in 8 U.S.C. § 1101(a)(43)(A))
- Sonnenberg, 556 F.3d 667 (8th Cir. 2009) (treats 'sexual abuse of a minor' using purpose-centric definition)
- Diaz-Ibarra, 522 F.3d 343 (4th Cir. 2008) (recognizes purpose-focused definition of 'sexual abuse of a minor')
- Izaguirre-Flores, 405 F.3d 270 (5th Cir. 2005) (endorses broad, purpose-driven definition of 'sexual abuse of a minor')
- Casillas-Cantero, No. 10-14238, Fed.Appx. (11th Cir. 2011) (notes Padilla-Reyes does not resolve all state-statute applications)