Categorical Approach – Established Precedent – Sexual Abuse/Statutory Rape

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Criminal

7th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and BAUER and MANION, Circuit Judges

Categorical Approach – Established Precedent – Sexual Abuse/Statutory Rape

No.14-1994 United States of America v. Alejandro Zuniga-Galeana

Appellant argues for court to part ways with established precedent as it relates to the definitions of “sexual abuse of a minor” and “statutory rape.”

“At bottom, then, Zuniga’s argument is a request that we move from one side of a circuit split to another. We have repeatedly incanted that we require “compelling reasons” to depart from our precedent. See Santos v. United States, 461 F.3d 886, 891 (7th Cir. 2006) (quoting McClain v. Retail Food Employers Joint Pension Plan, 413 F.3d 582, 586 (7th Cir. 2005)). And we often have refused to alter our position even when every other circuit to consider a particular question disagrees with our conclusion. See Grandberry v. Keever, 735 F.3d 616, 618–19 (7th Cir. 2013); Santos, 461 F.3d at 891–93.“

Affirmed

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