Legal Opinion · Concurrence

United States v. Carlos Perez-Perez

Court of Appeals for the Fourth Circuit

Decided December 18, 2013No. 12-4935Published

1ConcurrenceDavis, Circuit Judge

Today’s decision is compelled by United States v. Diaz-Ibarra, 522 F.3d 343, 352 (4th Cir.2008), the case in which we described “sexual abuse of a minor” for purposes of identifying “a crime of violence” under U.S. Sentencing Guideline § 2L1.2(b)(l)(A)(ii) (the reentry Guideline), to mean a “perpetrator’s physical or nonphysical misuse or maltreatment of a minor for a purpose associated with sexual gratification.” (Quotations and citation omitted). I use the term “describe” rather than “define” quite purposefully. This is because in Diaz-Ibarra, rather than undertake to “define” a generic…

2Cases cited22 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2010
  3. Leocal v. AshcroftSupreme Court of the United States · 2004
  4. James v. United StatesSupreme Court of the United States · 2007
  5. United States v. Jorge RodriguezCourt of Appeals for the Fifth Circuit · 2013

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