Legal Opinion
United States v. Ruben Baza-Martinez, AKA Ruben Baza-Martines, Ruben Baza Martinex
Court of Appeals for the Ninth Circuit
Decided September 26, 2006No. 05-10282PublishedCited by 53 opinions
1Opinion of the Court
BETTY B. FLETCHER, Circuit Judge:
I
Ruben Baza-Martinez appeals his seventy-month sentence, following his guilty plea to illegal re-entry after deportation, in violation of 8 U.S.C. § 1326. We remand for resentencing.
Baza-Martinez contends that the imposition of a sixteen-level sentencing enhancement was not justified because his prior felony conviction under North Carolina General Statute (N.C.G.S.) § 14-202.1, for taking indecent liberties with a child, is not “sexual abuse of a minor,” a “crime of violence” under United States Sentencing Guidelines (U.S.S.G.) § 2L1.2(b)(l)(A)(ii).…
2Cases cited15 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Shepard v. United StatesSupreme Court of the United States · 2005
- United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
- United States v. Javier Rivera-Sanchez, A/K/A Jose SanchezCourt of Appeals for the Ninth Circuit · 2001
- United States v. Jose Alfredo Pallares-GalanCourt of Appeals for the Ninth Circuit · 2004
10 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- United States v. Medina-VillaCourt of Appeals for the Ninth Circuit · 2009
- United States v. Diaz-IbarraCourt of Appeals for the Fourth Circuit · 2008
- United States v. Alejandro Gomez-MendezCourt of Appeals for the Ninth Circuit · 2007
- United States v. SineriusCourt of Appeals for the Ninth Circuit · 2007
- Nicanor-Romero v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
48 more not listed; retrieve them via the Exa API.