United States Ninth Circuit

A felony conviction under California's sexual battery statute is not a categorical crime of violence under the federal Sentencing Guidelines' provision governing sentences for unlawful reentry into the United States.

Appellate Information

• Argued 06/08/2005
• Decided 08/26/2005
• Published 08/26/2005

Judges

• FISHER, Circuit Judge., Before:  B. FLETCHER, RYMER and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant., Carol C. Lam, United States Attorney, Matthew J. Gardner, Assistant U.S. Attorney (on the brief), Kevin M. Mulcahy, Assistant United States Attorney (at oral argument), United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.