Legal Opinion
United States v. Constantino Garcia-Juarez
Court of Appeals for the Eighth Circuit
Decided August 29, 2005No. 04-3730PublishedCited by 12 opinions
1Opinion of the Court
SMITH, Circuit Judge.
Constantino Garcia-Juarez pleaded guilty to being found in the United States after a prior deportation in violation of 8 U.S.C. § 1326(a). At sentencing, over the government’s objection, the district court determined that Garcia-Juarez’s prior conviction for Lascivious Acts With a Child in violation of Iowa Code § 709.8 was an aggravated felony, but not a crime of violence under U.S.S.G. § 2L1.2(b)(l)(B). We conclude that Garcia-Juarez’s conviction constitutes a crime of violence under § 2L1.2(b)(l)(B) and reverse.
I. Background
In 1994, Garcia-Juarez, then in his…
2Cases cited11 opinions
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3Cited by12 opinions
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