United States Ninth Circuit

The District Court's decision not to enhance Defendant's illegal reentry sentence under U.S.S.G. section 2L1.2 is affirmed where Defendant's prior conviction for "aggravated assault" under Arizona law was not a "crime of violence" conviction under Section 2L1.2.

Appellate Information

• Argued 12/11/2008
• Decided 02/25/2009
• Published 02/25/2009

Judges

• Before:  RONALD M. GOULD, RICHARD C. TALLMAN, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David E. Hollar, United States Department of Justice, Washington, DC, for the plaintiff-appellant.


• For Appellees:
  
• Thomas Monaghan, Federal Public Defender Services of Idaho, Biose, ID, for the defendant-appellee.