United States v. De La Cruz-Garcia

LUCERO, Circuit Judge.

In this case we must decide whether a Colorado conviction for attempted sexual assault on a child is a “crime of violence” under the United States Sentencing Guidelines (“U.S.S.G.”) that warrants a sixteen-level sentencing enhancement. We conclude that the crime described by the Colorado statute at issue constitutes “sexual abuse of a minor” and is therefore a “crime of violence.” Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Border patrol agents stopped Antonio De La Cruz-Garcia just north of the United States-Mexico border on December 5, 2007. He admitted…