United States v. Ruben Baza-Martinez, AKA Ruben Baza-Martines, Ruben Baza Martinex

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a statute criminalizing sex- ual conduct with a minor under sixteen “prohibits conduct that is not necessarily physically or psychologically harmful, and therefore, is not necessarily ‘abuse.’ ”
• noting that, under Baron-Medina, section 288(a) punishes “abuse” “because it requires use of young children, implying harmful or injurious conduct” (internal quotation marks omitted)
• noting that, under Baron-Medina, section 288(a) punishes “abuse” “because it requires use of young children, implying harmful or injurious conduct” (internal quotation marks omitted)
• noting that, under Baron-Medina, section 288(a) punishes “abuse” “because it requires use of young children, implying harmful or injurious conduct” (internal quotation marks omitted)
• “All that is required is that at the time of the immoral, improper, or indecent liberty, the defendant must be in either the actual or constructive presence of the child.” (internal quotation marks and citations omitted)
• “[I]n order for a violation of the state statute to qualify as a predicate offense, the full range of conduct covered by the state statute must fall within the scope of the federal statu- tory provision.”

Source: CourtListener parenthetical corpus (CC0).