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United States v. Ramirez-Garcia
United States Court of Appeals for the Eleventh Circuit
646 F.3d 778 (2011)
Emiliano Ramirez-Garcia (plaintiff) was convicted in North Carolina on two counts of taking indecent liberties with a child. At the sentencing hearing, the United States Probation Office, pursuant to the United States Sentencing Guidelines, recommended an enhancement of Ramirez-Garcia’s sentence because his crimes were crimes of violence involving the sexual abuse of a minor. The district court accepted the Probation Office’s recommendation and sentenced Ramirez-Garcia accordingly. Ramirez-Garcia appealed the sentencing, arguing that the crime of taking indecent liberties with a child, as defined by North Carolina law, was (1) broader in scope than the federal definition for sexual abuse of a minor, and (2) because North Carolina’s law was broader in scope, it encompassed behaviors that were not considered, and could not be sentenced as, crimes of violence under the federal definition.
Rule of Law
Holding and Reasoning (Huck, J.)
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