Earlier this week, the Fifth Circuit released a decision in which it considered whether the defendant’s sentence for illegal reentry, 8 USC § 1326, was properly enhanced due to his earlier state conviction in California for oral copulation with a minor child, California Penal § 288a(b)(1). In United States v. Muñoz-Ortenza, No. 07-51344, slip. op. 6 (5th Cir. Apr. 13, 2009), the 5th Circuit held that a California state conviction for oral copulation with a minor child is not necessarily a crime of violence.