United States v. Alvarez-Gutierrez, 394 F.3d 1241 (9th Cir. Jan. 14, 2005) (Nevada misdemeanor conviction for statutory sexual seduction, for having had sexual intercourse with a 14-year-old girl, in violation of Nev.Rev.Stat. 200.364, 368 (2002), sentence imposed of one year, might or might not constitute a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)(2003), for purposes of imposing an eight-level illegal reentry sentence enhancement under U.S.S.G. 2L1.2(b)(1)(C) (2003): "Because we affirm the district court's enhancement by its reliance upon the definition of "aggravated felony" in 1101(a)(43)(A), we do not decide whether the enhancement was also appropriate under 1101(a)(43)(F).).

jurisdiction: 
Ninth Circuit

 

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