United States Ninth Circuit

Defendant's sentence for attempted reentry following deportation is vacated where neither defendant's prior conviction for sexual battery under California Penal Code section 243.4(a) or his conviction for penetration with a foreign object under California Penal Code section 289(a)(1) constituted a crime of violence warranting the U.S.S.G. section 2L1.2(b)(1)(A)(ii) enhancement.

Appellate Information

• Decided 09/10/2010
• Published 09/10/2010

Judges

• Richard A. Paez

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Doug Keller, Amy Dell