United States Ninth Circuit

Reset A A Font size: Print

US v. Jimenez-Arzate, 12-50373

In this case in which the district court found that defendant's prior conviction for violation of California Penal Code section 245(a)(1) is categorically a crime of violence for federal sentencing purposes, defendant's conviction and sentence for illegal reentry after deportation is affirmed, a petition for panel rehearing is denied, and a petition for rehearing en banc is denied, where: 1) US v. Grajeda, which held that a conviction under section 245(a)(1) is categorically a crime of violence, is still good law in light of People v. Aznavoleh and People v. Wyatt; 2) Ceron v. Holder does not abrogate Grajeda, as Ceron does not address the question of whether a section 245(a)(1) conviction is categorically a crime of violence; and 3) Ceron does not clearly indicate a different interpretation of the mens rea requirement for section 245(a)(1) than that set forth in Grajeda.

Appellate Information

  • Decided 03/30/2015
  • Published 03/30/2015

Judges

Court

  • United States Ninth Circuit

Counsel