United States v. Baza-Martinez, ___ F.3d
___, 2006 WL 2729691 (9th Cir. Sept. 26, 2006) (North Carolina
conviction of taking indecent liberties with a child, in violation
of N.C.G.S. § 14-202.1 [take or attempt an immoral, improper,
or indecent liberty with a child under 16 by defendant more
than five years older, for purpose of arousing or gratifying
sexual desire, which can be committed by mere words], was
not categorically sexual abuse of a minor, because the statute
did not require as an element the infliction of psychological
or physical harm to the minor, and therefore did not constitute
a crime of violence under USSG § 2L1.2(b)(1)(A)(ii) for
purposes of imposing a 16-level enhancement of sentence for
illegal reentry), disagreeing with United States v. Izaguirre-Flores,
405 F.3d 270 (5th Cir. 2005); Bahar v. Ashcroft, 264 F.3d
1309 (11th Cir. 2001) (interpreting same statute of conviction
but reaching opposite conclusion).