United States Ninth Circuit

A conviction and sentence for illegal reentry after removal is affirmed in part, vacated in part as to his sentence, and remanded for a determination as to whether defendant's conviction for assault with a firearm qualifies as a "crime of violence" under either a categorical approach, or a modified categorical approach.

Appellate Information

• Argued 05/05/2006
• Decided 05/26/2006
• Published 05/26/2006

Judges

• PER CURIAM., Before DONALD P. LAY,BARRY G. SILVERMAN, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kenneth J. Troiano, San Diego, CA, for the Defendant-Appellant., Carol C. Lam, United States Attorney, Karl A. Sandoval, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for the Plaintiff-Appellee.