United States Ninth Circuit

In an appeal from a judgment of the district court imposing a 46-month prison sentence following appellant's guilty plea to one count of illegal reentry, 8 U.S.C. section 1326, judgment is affirmed where a conviction for forcible rape under California Penal Code section 261(a)(2) is categorically a "crime of violence" as defined by the Sentencing Guidelines and because the court did not commit procedural error in calculating the Guidelines range nor was the imposed sentence substantively unreasonable.

Appellate Information

• Decided 09/14/2011
• Published 09/14/2011

Judges

• WARDLAW

Court

• United States Ninth Circuit

Counsel