United States Ninth Circuit

In this case, defendant pleaded guilty to having illegal re-entered the United States after having previously been deported, and was sentenced to 34 months in prison and three years of supervised release. For federal sentencing purposes, the district court found that defendant's prior conviction for violation of California Penal Code section 245(a)(1) was categorically a crime of violence. The sentence is affirmed, where: 1) United States v. Grajeda, with regard to its holding that a conviction under section 245(a)(1) is categorically a crime of violence, is still good law; and 2) supervised release was necessary to protect the public and to deter the defendant from returning to the United States.

Appellate Information

• Decided 01/12/2015
• Published 01/12/2015

Judges

Court

• United States Ninth Circuit

Counsel