Professional Documents
Culture Documents
No. 10-4928
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:09-cr-00405-JAB-1)
Submitted:
Decided:
January 5, 2012
PER CURIAM:
Miguel Angel Olivas-Orellana pled guilty to unlawful
reentry of a deported alien, in violation of 8 U.S.C. 1326(a),
(b)(2) (2006).
contending
the
that
sixteen-level
the
district
sentencing
court
erred
enhancement
when
in
it
U.S.
that
he
had
previously
been
deported
after
being
We affirm.
Stat.
14-202.1.
Olivas-Orellana
contends
these
Whether a
(4th
Cir.
2008).
Olivas-Orellana
relies
on
our
recent
decision in United States v. Vann, 660 F.3d 771 (4th Cir. 2011)
(en banc) (using modified categorical approach to determine that
defendants
prior
North
Carolina
convictions
for
indecent
Ollivas-Orellanas
reliance
Vann
on
is
misplaced
categorical
ultimately
determined
Shepard-approved
approach
that
documents
convictions
for
constituted
violent
was
the
to
violating
the
Government
establish
N.C.
felonies
correct
Gen.
that
had
that
would
not
the
Stat.
one,
Vann
produced
defendants
14-202.1(a)(2)
subject
him
to
we
begin
our
analysis
Application
Note
1(B)(iii)
and
the
violence.
The
definition
encompasses
with
definition
a
USSG
of
number
2L1.2,
crime
of
of
specific
We have held
gratification.
Diaz-Ibarra,
3
522
F.3d
at
350,
352
(internal
quotation
marks
omitted)
(construing
Georgia
felony
determine
whether
Olivas-Orellanas
indecent
United
States,
495
U.S.
575
(1990),
unless
the
statute
Diaz-Ibarra, 522
crime
of
violence.
citation omitted).
we
conclude
violation
of
Id.
(internal
quotation
marks
and
that
there
the
statute
is
no
could
realistic
occur
probability
without
the
that
misuse
a
or
Diaz-Ibarra,
522
F.3d
at
352
(internal
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED