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043730P.pdf   08/29/2005  United States  v.  C. Garcia-Juarez
   U.S. Court of Appeals Case No:  04-3730
   Southern District of Iowa   
   [PUBLISHED] [Smith, Author, with Murphy and Bye, Circuit Judges] 
   Criminal Case - criminal law. District court's determination that prior 
   conviction for lascivious acts with a child was an aggravated felony but 
   not a crime of violence under Guidelines sec. 2L1.2(b)(1)(B) is reversed. 
   Where an overlap between Subpart A and C of section 2L1.1.2(b) which 
   both contain a reference to sexual abuse of a minor, court is directed to 
   apply the greatest offense enhancement. Lascivious acts with a child 
   constitutes sexual abuse of a minor and thus district court erred in 
   declining to apply the 16-level enhancement. Case is remanded for 
   resentencing.