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United States v. Quintero-Junco

United States Court of Appeals, Ninth Circuit

June 12, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
JUAN QUINTERO-JUNCO, Defendant-Appellant

Argued and Submitted, San Francisco, California: May 14, 2014.

Page 747

[Copyrighted Material Omitted]

Page 748

Appeal from the United States District Court for the District of Arizona. D.C. No. 4:12-cr-02145-DCB-LAB-1. David C. Bury, District Judge, Presiding.

Myrna R. Beards (argued), Tucson, Arizona, for Defendant-Appellant.

Erica L. Seger (argued), Assistant United States Attorney, Tucson, Arizona, for Plaintiff-Appellee.

Before: M. Margaret McKeown and Milan D. Smith, Jr., Circuit Judges, and James L. Robart, District Judge.[*] Opinion by Judge Milan D. Smith, Jr.

OPINION

M. SMITH, Circuit Judge:

In this appeal, we consider whether the district court gave adequate weight to the United States Sentencing Guidelines (USSG or Guidelines) when sentencing Defendant-Appellant Juan Gregorio Quintero-Junco. We also consider whether Quintero-Junco's prior conviction for attempted sexual abuse, in violation of Arizona Revised Statutes (ARS) § 13-1404, constitutes a " forcible sex offense," and therefore a " crime of violence," under the Guidelines. See USSG § 2L1.2 cmt. n.1(B)(iii). Because the district court adequately considered the Guidelines in fashioning Quintero-Junco's sentence, we conclude that the court's sentencing methodology was proper. Applying the modified categorical approach, we further conclude that the portion of ARS § 13-1404 under which Quintero-Junco was previously convicted is categorically a forcible sex offense. We therefore affirm the judgment of the district court.

FACTUAL AND PROCEDURAL BACKGROUND

Quintero-Junco, a citizen of Mexico, was arrested in Arizona on September 27, 2012. Because he had previously been deported on June 10, 2008, he was charged with illegal reentry after deportation, in violation of 8 U.S.C. § 1326.

On December 6, 2012, Quintero-Junco pleaded guilty to the indictment without a plea agreement. On January 11, 2013, the Probation Office produced its Presentence Investigation Report (PSR), which noted that Quintero-Junco had previously been convicted of attempted sexual abuse, in violation of ARS ยง 13-1404. The PSR classified Quintero-Junco's prior conviction as a " forcible sex offense," and ...


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