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Home arrow Eighth Circuit arrow 8th Cir OKs Illegal Reentry Sentence: Finds TX Sexual Abuse of Minor Conviction Is Crime of Violence

8th Cir OKs Illegal Reentry Sentence: Finds TX Sexual Abuse of Minor Conviction Is Crime of Violence Print E-mail
Tuesday, 19 August 2008

US v. Medina-Valencia, No. 07-3642 (8th Cir.) August 13, 2008

BENTON, Melloy, Arnold

 In Medina-Valencia, the defendant challenged the 16-level increase to his sentence based on the district court’s finding that his Texas conviction for sexual abuse of a child constituted a crime of violence for sentencing purposes under U.S.S.G. § 2L1.2(b)(1)(A)(ii).   

The Court framed the question before it as whether the statute – Texas Penal Code § 21.11 - encompassed “abuse.” Finding that the statute was overinclusive, the Eight Circuit applied the modified categorical approach and looked to the indictments and plea agreement in the case.  The charges in the indictment to which Medina-Valencia pled guilty reflected that the victim was under 17 years of age and a female, and that Medina-Valencia was at least 25 years at the time.  Therefore, the Court found that the conviction indeed constituted “sexual abuse of a minor” to warrant the 16-level enhancement to Medina-Valencia’s sentence.

 

Read opinion here:
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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.
 
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