US v. Juan Rios-Rio

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-cr-00234-BO-1 Copies to all parties and the district court/agency. [999478824].. [14-4076]

Appeal: 14-4076

Doc: 33

Filed: 11/20/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4076

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JUAN RIOS-RIOS, a/k/a Servando Rios-Rios, a/k/a Angel RiosMartinez,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:13-cr-00234-BO-1)

Submitted:

November 18, 2014

Decided:

November 20, 2014

Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Eric J. Brignac,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant.
Thomas G. Walker, United States Attorney, Jennifer
P. May-Parker, Kristine L. Fritz, Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-4076

Doc: 33

Filed: 11/20/2014

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PER CURIAM:
Juan Rios-Rios pled guilty to illegal reentry of an
aggravated felon, under 8 U.S.C. § 1326(a), (b)(2) (2012), and
was sentenced to sixty months of imprisonment.

On appeal, Rios-

Rios challenges the sixteen-level enhancement to his Sentencing
Guidelines range, arguing that his North Carolina conviction for
taking

indecent

liberties

with

a

child

is

not

a

“crime

violence” for purposes of the illegal re-entry Guideline.

of

U.S.

Sentencing Guidelines Manual (USSG) § 2L1.2(b)(1)(A)(ii) (2013).
Rios-Rios’
precedent.

argument

is

6,

liberties

by

circuit

In United States v. Perez-Perez, 737 F.3d 950, 952

(4th Cir. 2013), cert. denied,
(Oct.

foreclosed

2014)

(No.

with

a

S. Ct.

13-10374),

minor

under

we

held

N.C.

, 2014 WL 2514329
that

Gen.

taking

Stat.

§

indecent

14–202.1(a)

(2013), qualifies categorically as sexual abuse of a minor and
therefore is a crime of violence within the meaning of USSG
§ 2L1.2(b)(1)(A); see United States v. Diaz–Ibarra, 522 F.3d 343
(4th Cir. 2008).
Accordingly,
dispense

with

contentions

are

oral

we

affirm

argument

adequately

Rios-Rios’

because

presented

in

the
the

sentence.
facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

2