United States v. Ovalle-Garcia

The Supreme Court remanded this case for further consideration in light of Esquivel-Quintana v. Sessions, 137 S. Ct. 1562 (2017). On remand, the parties agreed that the predicate offense of which defendant was convicted, Tennessee statutory rape, was broader than the generic crime of statutory rape because the age of consent in Tennessee is 18. Therefore, defendant's statutory rape conviction did not qualify either as an aggravated felony for purposes of 8 U.S.C. 1326(b)(2) or as a crime of violence for purposes of USSG. 2L1.2(b)(1)(A)(ii). The Fifth Circuit remanded to the district court for the limited purpose of correcting the judgment to reflect the correct offense of conviction as under section 1326(b)(1). The court dismissed the appeal of defendant's sentence. View "United States v. Ovalle-Garcia" on Justia Law