United States Ninth Circuit

Defendant's sentence for reentering the U.S. following removal is affirmed, where: 1) despite the shortness of Defendant's sentence in his prior California offense, state law required a presumption that the offense was a felony; and 2) a crime of violence need not be an aggravated felony to qualify for a U.S.S.G. section 2L1.2 enhancement.

Appellate Information

• Argued 01/13/2006
• Decided 04/24/2009
• Published 04/24/2009

Judges

• Before: JOHN T. NOONAN, A. WALLACE TASHIMA, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Cynthia S. Hahn, Reno, NV, for the defendant-appellant., R. Don Gifford, Assistant United States Attorney, for the plaintiff-appellee.