Legal Opinion

United States v. Velázquez

Court of Appeals for the First Circuit

Decided January 26, 2015No. 14-1295PublishedCited by 5 opinions

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

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Begay v. United StatesSupreme Court of the United States · 2008
  4. James v. United StatesSupreme Court of the United States · 2007
  5. Sykes v. United StatesSupreme Court of the United States · 2011

25 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. PonzoCourt of Appeals for the First Circuit · 2017
  2. United States v. BennettCourt of Appeals for the First Circuit · 2017
  3. United States v. WurieCourt of Appeals for the First Circuit · 2017
  4. United States v. WilliamsCourt of Appeals for the First Circuit · 2023
  5. United States v. Velez-AndinoCourt of Appeals for the First Circuit · 2021

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