December 18, 2013 4th Circuit published opinion

Untied States v Perez-Perez 

Perez pled guilty to illegal reentry. The district court ruled his North Carolina indecent liberties conviction was a crime of violence and substantially increased his guideline range. The panel affirmed. It held that 4th Circuit precedent has abroad definition of sex cries which qualify as crimes of violence, the North Carolina statute substantially tracked that definition, later precedent did not alter that conclusion and thus the panel felt compelled to affirm. The author of the opinion added a concurrence arguing that the precedent relied upon should be revisited as it is untethered to the text, inconsistent with the laws of several states and inconsistent with more recent United States Supreme Court guidance on what constitutes “violence” for sentencing purposes. The concurrence also argued that 4th Circuit case law is approaching incoherence and called for review of the rule.

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