United States Fifth Circuit

Every offense defined by California Penal Code section 220(a) qualifies as a crime of violence for the purpose of the Sentencing Guidelines because the statutory subsection is the common sense equivalent to the enumerated offense of aggravated assault. The ordinary, contemporary, and common meaning of aggravated assault includes "assault with intent to commit a felony."

Appellate Information

• Decided 12/13/2007
• Published 12/14/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before GARWOOD, JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood, San Antonio, TX, Stephanie Smith-Burris, Waco, TX, for Plaintiff-Appellee., Samuel L. Martinez, Waco, TX, for Defendant-Appellant.