US v. Martin Alvarez-Yanez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cr-00152-CCE-1 Copies to all parties and the district court/agency. [999279374].. [13-4046]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4046

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTIN ALVAREZ-YANEZ, a/k/a Martin Abraves-Yanez,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:11-cr-00152-CCE-1)

Submitted:

January 13, 2014

Decided:

January 17, 2014

Before AGEE, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark E. Edwards, EDWARDS & TRENKLE, PLLC, Durham, North
Carolina, for Appellant.
Ripley Rand, United States Attorney,
Kyle D. Pousson, Special Assistant United States Attorney,
Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Martin

Alvarez-Yanez

appeals

the

forty-four

month

sentence imposed following this court’s remand for resentencing
pursuant to United States v. Vann, 660 F.3d 771 (4th Cir. 2011)
(en banc).
court’s
under

On appeal, Alvarez-Yanez challenges the district

application
U.S.

of

a

sixteen-level

Sentencing

§ 2L1.2(b)(1)(A)(ii)

sentencing

enhancement

Manual

(“USSG”)

Guidelines

(2011),

upon

finding

that

he

had

deported after being convicted of a crime of violence.

been

Finding

no error, we affirm.
In
district

reviewing

court

did

a

sentence,

not

commit

we

any

must

ensure

“significant

that

the

procedural

error,” such as failing to properly calculate the applicable
Guidelines
(2007).

range.
We

Gall

v.

United

de

novo

the

review

States,
issue

of

552

U.S.

whether

38,
a

51

prior

conviction constitutes a crime of violence for purposes of a
sentencing enhancement.

United States v. Diaz-Ibarra, 522 F.3d

343, 347 (4th Cir. 2008).
A

defendant

like

Alvarez-Yanez

who

is

convicted

of

illegal reentry in violation of 8 U.S.C. § 1326 (2012), faces a
sixteen-level
previously

was

increase
deported

to

his

from

the

base

offense

United

States

level

if

following

he
“a

conviction for a felony that is . . . a crime of violence.”
USSG

§ 2L1.2(b)(1)(A)(ii).

Here,
2

the

district

court

applied

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this enhancement based on Alvarez-Yanez’s prior conviction for
taking indecent liberties with a child, in violation of N.C.
Gen. Stat. § 14-202.1 (2013).
argue

that

this

conviction

Alvarez-Yanez relies on Vann to

does

not

constitute

a

“crime

of

violence” for purposes of USSG § 2L1.2(b)(1)(A)(ii).
We have recently held, in a published opinion, that a
North Carolina conviction for taking indecent liberties with a
minor qualifies categorically as sexual abuse of a minor, and
therefore

upheld

an

enhancement

provision at issue here.
950, 951 (4th

Cir.

under

the

very

Guideline

United States v. Perez-Perez, 737 F.3d

2013).

Alvarez-Yanez’s

contrary are therefore foreclosed.

arguments

to

the

Accordingly, the district

court did not err in applying the challenged enhancement.
We therefore affirm the district court’s judgment.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

3