United States v. Padilla-Reyes,
247 F.3d 1158 (11th Cir. Apr. 11, 2001), cert. denied, 122
S.Ct. 256 (2001) (Florida conviction of violating Florida
Statute § 800.04, "Lewd, lascivious, or indecent assault
or act upon or in presence of child; sexual battery,"
constitutes "sexual abuse of a minor," and therefore
an aggravated felony under INA § 101(a)(43)(A), 8 U.S.C.
1101(a)(43)(A), for purposes of enhancing illegal re-entry
sentence under U.S.S.G. § 2L1.2(b)(1)(A), even though the
offense does not arise to the level of rape or sexual battery,
since sexual abuse of a minor meant physical or nonphysical
misuse or maltreatment of a minor for a purposes associated
with sexual gratification).