United States Ninth Circuit

Defendant's sentence for being a deported alien found in the U.S. is affirmed where the use of physical force against the person of another was an element of California Penal Code section 273.5, and thus defendant's prior violation of that statute was a categorical crime of violence under U.S.S.G. section 2L1.2.

Appellate Information

• Argued 11/03/2009
• Decided 01/04/2010
• Published 01/04/2010

Judges

• MOLLOY, District Judge:, Before: RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and DONALD W. MOLLOY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Karen P. Hewitt, United States Attorney, Douglas Keehn (argued), Assistant United States Attorney, Bruce R. Castetter, Assistant United States Attorney, Mark R. Rehe, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for plaintiff-appellee United States of America., Kristi A. Hughes, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.