United States v. Velázquez
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
Employing a categorical approach, we held in United States v. Eirby, 515 F.3d 31 (1st Cir.2008), that the strict liability offense of engagement in a sexual act with a 14- or 15-year-old minor by a person at least 10 years older constituted a crime of violence and, thus, qualified as a predicate offense under the career offender guideline, USSG § 4B1.2(a)(2). See id. at 38. Defendant-appellant José L. Velázquez invites us to abrogate that holding, asserting that a subsequent Supreme Court decision has relegated it to the scrap heap. After careful consideration, we decline…
2Cases cited30 opinions
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