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Keywords

statutehearingmotionfelonyprobationdeportationpiracy
statutehearingmotionfelonyprobationdeportationpiracy

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Reyes-Castro; U.S. v.

Facts

Mr. Reyes-Castro was charged in state court with sexually abusing his twelve year old daughter. On advice from counsel, he pled guilty to a reduced charge of attempted sexual abuse of a child, a third degree felony. He was sentenced to jail, a period of probation, and counseling. After completing his jail term, the INS conducted a hearing and deported him for having committed an 'aggravated felony' within the meaning of 8 U.S.C. 1101 (43). Four months later, Mr. Reyes-Castro was arrested in the United States and charged with violating the deportation order, a federal offense punishable by up to fifteen years in prison.

Mr. Reyes-Castro was charged in state court with sexually abusing his twelve year old daughter. On advice from counsel, he pled guilty to a reduced charge of attempted sexual abuse of a child, a third degree felony. He was sentenced to jail, a period of probation, and counseling. After completing his jail term, the INS conducted a hearing and deported him for having committed an 'aggravated felony' within the meaning of 8 U.S.C. 1101 (43). Four months later, Mr. Reyes-Castro was arrested in the United States and charged with violating the deportation order, a federal offense punishable by up to fifteen years in prison.

Issue

Whether Mr. Reyes-Castro's prior state conviction for attempted sexual abuse of a child was properly classified as an 'aggravated felony' under 8 U.S.C. 1101(43).

Whether Mr. Reyes-Castro's prior state conviction for attempted sexual abuse of a child was properly classified as an 'aggravated felony' under 8 U.S.C. 1101(43).

Rule

Under 8 U.S.C. 1101(43), the definition of 'aggravated felony' includes any crime of violence for which the term of imprisonment imposed is at least 5 years, or any attempt or conspiracy to commit any such act.

Under 8 U.S.C. 1101(43), the definition of 'aggravated felony' includes any crime of violence for which the term of imprisonment imposed is at least 5 years, or any attempt or conspiracy to commit any such act.

Analysis

The court found that although the definition of attempted sexual abuse of a child under the Utah statute did not specifically involve physical force as an element, it was still considered a crime of violence. The court reasoned that because a child cannot consent to any sexual conduct, there is a substantial risk that physical force could be used in committing the offense. Therefore, the court concluded that Mr. Reyes-Castro's conviction was properly classified as an 'aggravated felony.'

The court found that although the definition of attempted sexual abuse of a child under the Utah statute did not specifically involve physical force as an element, it was still considered a crime of violence. The court reasoned that because a child cannot consent to any sexual conduct, there is a substantial risk that physical force could be used in committing the offense. Therefore, the court concluded that Mr. Reyes-Castro's conviction was properly classified as an 'aggravated felony.'

Conclusion

The appellate court affirmed the decision of the lower court denying the deportee's motions to dismiss the indictment and to suppress evidence of his underlying deportation.

The appellate court affirmed the decision of the lower court denying the deportee's motions to dismiss the indictment and to suppress evidence of his underlying deportation.

Who won?

The United States prevailed in the case because the court upheld the classification of Mr. Reyes-Castro's conviction as an 'aggravated felony,' affirming the lower court's decision.

The United States prevailed in the case because the court upheld the classification of Mr. Reyes-Castro's conviction as an 'aggravated felony,' affirming the lower court's decision.

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