United States v. Diaz-Ibarra

OPINION

WILLIAMS, Chief Judge:

In this appeal we must determine whether a conviction under former Georgia Code Ann. § 16-6-M (1992) for felony attempted child molestation qualifies as a “crime of violence” within the meaning of U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii) (2006). We hold that it does. A violation of former Georgia Code Ann. § 16-6-4 categorically constituted “sexual abuse of a minor,” which the Sentencing Guidelines define as a “crime of violence.” We therefore affirm Diaz-Ibar-ra’s sentence.

I

Raul Diaz-Ibarra is a native and citizen of Mexico and an illegal alien in…