United States Ninth Circuit

Defendant's sentence for illegal reentry into the US is affirmed where 1) a prior conviction for a violation of California Penal Code section 245(a)(1) qualifies as a "crime of violence" within the meaning of U.S.S.G. section 2L1.2(b)(1)(A)(ii); 2) because defendant's objections to the presentence report were legal, not factual, the district court was not required to make any factual determinations, and so committed no error.

Appellate Information

• Argued 05/07/2008
• Decided 09/21/2009
• Published 09/21/2009

Judges

• Before RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges, and JAMES L. ROBART, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Karen P. Hewitt, United States Attorney, Bruce R. Castetter, Assistant U.S. Attorney, Chief, Appellate Section, Eugene S. Litvinoff and Mark R. Rehe, Assistant U.S. Attorneys, San Diego, CA, for the plaintiff-appellee.