Prior Colo. Conviction for Attempted Sexual Abuse of A Minor Categorically a Crime of Violence

United States v. De La Cruz-Garcia, ___ F.3d ___ , 2010 WL 11011 (10th Cir 2010):

Colorado attempted sexual abuse of a minor is categorically a crime of violence under U.S.S.G. section 2L1.2. The Tenth Circuit rejects as strained the reentry defendant’s argument that there is a manner of violating the statute that would not be a crime of violence: when one touches him/herself directly or through clothing in the presence of a child. Assuming that the statute punishes that behavior, that behavior too is a crime of violence, because exposing a minor to such lascivious acts with knowledge of the child’s presence would be sexual abuse and harmful to the child. The COA does not address defendant’s arguments that the district court wrongly considered the acts underlying his attempted sexual abuse conviction and that it applied the wrong version of the guidelines, because the determination that the offense was categorically a crime of violence renders those other alleged sentencing errors harmless.