AGGRAVATED FELONY - STATUTORY RAPE
United States v. Munoz-Ortenza, __ F.3d __, 2009 WL 693146 (5th Cir. Mar. 18, 2009) (California conviction for oral copulation of a minor, in violation of Penal Code 288a(b)(1), was not necessarily "sexual abuse of a minor," and thus not a "crime of violence" for illegal re-entry sentencing purposes, since the offense may be committed against a person under 18, while the minor must be under 16 to qualify as "sexual abuse of a minor."), following United States v. Lopez-DeLeon, 513 F.3d 472 (5th Cir.), cert. denied, __ U.S. __, 128 S.Ct. 2916, 171 L.Ed.2d 851 (2008) (California conviction for unlawful sex with a minor, in violation of Penal Code 261.5(c), is not necessarily "sexual abuse of a minor" as the statute punishes sex with a person 18 years and under).

Fourth Circuit

AGGRAVATED FELONY " STATUTORY RAPE
United States v. Rangel-Cataneda, __ F.3d __, No. 12-4408 (4th Cir. Mar. 7, 2013) (Tennessee aggravated statutory rape conviction under Tenn. Code Ann. 39-13-506(c) is not categorically a crime of violence for illegal re-entry purposes, because Tennessee sets the age of consent at eighteen).

Fifth Circuit

AGGRAVATED FELONY"CRIME OF VIOLENCE"SEXUAL ACTIVITY WITH A MINOR
United States v. Chavez-Hernandez, 671 F.3d 494 (5th Cir. Feb. 13, 2012) (Florida conviction for sexual activity with a minor, in violation of Florida Statute 794.05, was not a crime of violence for illegal re-entry sentencing purposes, because state statute applied to 17-year-olds; defense counsel's admission at sentence that victim was 14 years of age established victim's status as a minor under the federal standard).

Ninth Circuit

CRIME OF MORAL TURPITUDE - STATUTORY RAPE
Quintero- Salazar v. Keisler, __ F.3d __, 2007 WL 2916162 (9th Cir. Oct. 9, 2007) (California conviction of statutory rape, in violation of California Penal Code 261.5(d), where the victim is under 16 years of age and the actor is over 21, is not a crime involving moral turpitude, since (1) it includes consensual sex between [at minimum] between a high-school junior and a college sophomore, and is not inheritly base, vile, or depraved; court also noted that (2) the statute proscribes at least some malum prohibitum conduct, since the same act would not be illegal at all if the two were married at the time; (3) the same conduct is not illegal in other states; (4) the statute was passed in order to address teenage pregnancy, not to avoid a moral issue; and (5) the offense does not require any element of intent be proven).

AGGRAVATED FELONY - CRIME OF VIOLENCE - SEXUAL ABUSE
United States v. Beltran-Munguia, 489 F.3d 1042 (9th Cir. Jun. 7, 2007) (Oregon conviction of sexual abuse in the second degree, in violation of Oregon Revised Statute 163.425, did not qualify as a "crime of violence," for purposes of 16-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii), of his sentence for illegal reentry after deportation both because the state statute does not make force - be it used, attempted, or threatened - an element of the crime, and because the crime does not constitute a "forcible sex offense" within the meaning of the applicable guideline).

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - STATUTORY RAPE
United States v. Lopez-Solis, __ F.3d __, 2006 WL 1360075 (9th Cir. May 19, 2006) (Tennessee conviction of statutory rape, in violation of Tennessee code 39-13-506, is not categorically "sexual abuse of a minor," and therefore not a "crime of violence" for purposes of illegal re-entry sentence enhancement; slight sexual penetration of a minor just under 18 by a 22 year old is not necessarily "abuse").
http://caselaw.lp.findlaw.com/data2/circs/9th/0310059p.pdf

AGGRAVATED FELONY - CRIME OF VIOLENCE - UNLAWFUL SEX WITH A MINOR - HELD NOT TO BE A CRIME OF VIOLENCE
Valencia v. Gonzales, ___ F.3d ___, 2005 WL 3358678 (9th Cir. Dec. 12, 2005) (original opinion, 406 F.3d 1154, superseded and withdrawn on denial of rehearing and rehearing en banc) (California conviction of engaging in unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator under Penal Code section 261.5(c) is not, absent aggravating factors, a crime of violence under 18 U.S.C. 16 for deportation purposes, since it does not have force as an element, under 16(a), and the full range of conduct encompassed by this offense does not present a substantial risk that violent force will be used in the commission of the offense under 16(b); mere inability to give legal consent if under 18 does not create a substantial risk that violent force will be used to commit the offense where actual consent is present; decision did not consider whether this conviction constituted a sexual abuse of a minor aggravated felony because the noncitizen was not ordered removed on that ground).
http://caselaw.lp.findlaw.com/data2/circs/9th/0372028p.pdf