United States v. Alejandro Gomez-Mendez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge.
We are asked to decide whether a defendant’s prior California conviction for unlawful sexual intercourse with a minor qualifies as a “crime of violence” under the federal Sentencing Guidelines.
I
On March 1, 2005, a U.S. Border Patrol agent found Alejandro Gomez-Mendez near the San Ysidro, California, Port of Entry. Gomez-Mendez was arrested after admitting that he was a citizen and national of Mexico and present in the United States without any documents permitting him to enter the United States legally. A grand jury returned a one-count indictment charging…
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