Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Circuit Blog

Criminal Law

: Fourth Circuit Blog

Court Defines "Abuse" in Sex Offnse/Immigration Context

By Jonathan Byrne

US v. Diaz-Ibarra: Diaz-Ibarra was deported in 1995 following his conviction in Georgia for committing an "immoral or indecent act to or in the presence of a" minor. After returning to the United States without permission, Diaz-Ibarra pleaded guilty to illegal reentry following an aggravated felony. At sentencing, the probation officer recommended that Diaz-Ibarra's sentence be increased 16 levels because his Georgia conviction constituted a crime of violence under USSG 2L1.2(b)(1)(A)(ii). The district court overruled Diaz-Ibarra's objection and applied the enhancement, sentencing him to 78 months in prison.On appeal, the Fourth Circuit affirmed, concluding that Diaz-Ibarra's prior conviction was a crime of violence. Specifically, "crime of violence" in 2L1...continue to full post

Full post as published by Fourth Circuit Blog on April 14, 2008 (boomark / email).