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: Fifth Circuit Blog

17 Year-Old not a "Minor" for Purposes of Generic "Sexual Abuse of a Minor" & How Specific Must COV Objection Be to Avoid Plain Error Review?

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United States v. Munoz-Ortenza, No. 07-51344 (5th Cir. Mar. 18, 2009) (Davis, Clement, Elrod)Recall that in United States v. Lopez-DeLeon the Fifth Circuit held that California's statutory rape provision---which sets the age of consent at eighteeen---is broader than generic "statutory rape," an enumerated COV for purposes of guideline §2L1.2's 16-level enhancement. Why? Because 33 states, the

Full post as published by Fifth Circuit Blog on March 24, 2009 (boomark / email).

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