Opinion
No. 14-4076
11-20-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JUAN RIOS-RIOS, a/k/a Servando Rios-Rios, a/k/a Angel Rios-Martinez, Defendant - Appellant.
Thomas P. McNamara, Federal Public Defender, Eric J. Brignac, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.
UNPUBLISHED Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:13-cr-00234-BO-1) Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Eric J. Brignac, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.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 re-entry 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), cert. denied, ___ S. Ct. ___, 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)(1)(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