Tuesday, April 06, 2010

U.S. v. Valencia-Barragan, No. 09-50018 (4-6-10) (Goodwin joined by Canby and Fisher). A 1326 appeal of sentence, where the main issue is whether Wash. Rev. Code 9A.44.076(1)(rape of a child who is 12 or 13) is a crime of violence. The 9th finds that the statute is a COV. While the statute is overbroad as to statutory rape, it is a COV of sexual assault of a minor because it covers the generic offense of sexual abuse of a minor. The state statute meets the generic elements because of there is (1) sexual conduct,(2) with a minor, and (3) abuse is found per se because of the young age. The 9th also finds that the sentence imposed was not unreasonable, and that court did, in fact, consider the 3553 factors.


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