United States v. Juan Rios-Rios

585 F. App'x 210

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 20, 2014
• Docket: 14-4076
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Juan Rios-Rios pled guilty to illegal reentry of an aggravated felon, under 8 U.S.C. § 1326(a), (b)(2) (2012), and was sentenced to sixty months of imprisonment. On appeal, Rios-Rios challenges the sixteen-level enhancement to his Sentencing Guidelines range, arguing that his North Carolina conviction for taking indecent liberties with a child is not a “crime of violence” for purposes of the illegal reentry Guideline. U.S. Sentencing Guidelines Manual (USSG) § 2L1.2(b)(1)(A)(ii) (2013).

Rios-Rios’ argument is foreclosed by circuit precedent. In United States v. Perez-Perez, 737 F.3d 950, 952 (4th Cir.2013), ce rt. denied, — U.S. -, 135 S.Ct. 102, — L.Ed.2d -, 2014 WL 2514329 (Oct. 6, 2014) (No. 13-10374), we held that taking indecent liberties with a minor under N.C. Gen.Stat. § 14-202.1(a) (2013), qualifies categorically as sexual abuse of a minor and therefore is a crime of violence within the meaning of USSG § 2L1.2(b)(l)(A); see United States v. Diaz-Ibarra, 522 F.3d 343 (4th Cir.2008).

Accordingly, we affirm Rios-Rios’ sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.