United States Ninth Circuit

Defendant's sentence for being a felon in possession of a firearm is vacated since defendant's previous conviction for possession of an assault weapon in violation of California Penal Code section 12280(b) was not a "crime of violence" under the federal Sentencing Guidelines for purposes of enhancement.

Appellate Information

• Argued 10/18/2005
• Decided 01/23/2006
• Published 01/23/2006

Judges

• KOZINSKI, Circuit Judge., Before KOZINSKI and FERNANDEZ, Circuit Judges, and TERRY J. HATTER, JR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Quin Denvir, Federal Defender, Sacramento, CA, for the defendant-appellant., McGregor W. Scott, United States Attorney;  Jason Hitt, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.