United States v. Velazquez-Overa
Court of Appeals for the Fifth Circuit
1Opinion of the Court
BENAVIDES, Circuit Judge:
This appeal requires the court to resolve a question of first impression in this circuit: whether a state penal statute proscribing indecency with a child is a crime of violence for the purpose of sentence enhancement under Section 2L1.2 of the United States Sentencing Guidelines. We hold that indecency with a child involving sexual contact, a felony under Texas law, is a crime of violence because it entails a substantial risk that physical force may be used against the victim. Rejecting the appellant’s attacks on the sentence imposed by the district court, we affirm…
2Cases cited14 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Gerardo Reyes-CastroCourt of Appeals for the Tenth Circuit · 1993
- United States v. Tomas Rodriguez, Also Known as Tomas Rodriguez-Ledezma, Also Known as Tomas Ledezma RodriguezCourt of Appeals for the Eighth Circuit · 1992
- United States v. Ramon Gonzalez-LopezCourt of Appeals for the Eleventh Circuit · 1990
- United States v. Abraham Rodriguez FloresCourt of Appeals for the Fifth Circuit · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
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- United States v. Defabian C. ShannonCourt of Appeals for the Seventh Circuit · 1997
- Thomas Anthony Dalton v. John Ashcroft, Attorney General of the United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2001
102 more not listed; retrieve them via the Exa API.