United States Ninth Circuit

A sentence for illegal re-entry into the U.S. following deportation is affirmed as: 1) defendant's prior California crime of assault with intent to commit rape, in violation of Cal. Penal Code sections 220 and 261(a)(2), is a crime of violence under U.S.S.G. section 2L1.2(b)(1)(A)(ii); and 2) a contention that defendant was sentenced based on facts improperly found by the district court is rejected.

Appellate Information

• Argued 03/09/2007
• Decided 08/06/2007
• Published 08/06/2007

Judges

• Before:  B. FLETCHER, DIARMUID F. O'SCANNLAIN, and A. WALLACE TASHIMA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Tracy A. Staab, Assistant Federal Public Defender, Spokane, WA, for the defendant-appellant., Pamela J. Byerly, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.