Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Jimenez-Arzate

United States Court of Appeals, Ninth Circuit

January 12, 2015

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
FRANCISCO JIMENEZ-ARZATE, Defendant-Appellant

Argued and Submitted, Pasadena, California November 19, 2014.

Appeal from the United States District Court for the Southern District of California. D.C. No. 3:12-cr-01421-LAB-1. Larry A. Burns, District Judge, Presiding.

SUMMARY[**]

Criminal Law

The panel affirmed a sentence for illegal reentry into the United States after deportation in a case in which the district court found that the defendant's prior conviction for violation of Cal. Penal Code § 245(a)(1) is categorically a crime of violence for federal sentencing purposes.

The panel rejected the defendant's contentions (1) that United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009) (holding that a conviction under § 245(a)(1) is categorically a crime of violence), is no longer good law in light of People v. Aznavoleh, 210 Cal.App.4th 1181, 148 Cal.Rptr.3d 901 (Ct. App. 2012), and People v. Wyatt, 48 Cal.4th 776, 108 Cal.Rptr.3d 259, 229 P.3d 156 (Cal. 2010); and (2) that Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), abrogates Grajeda.

The panel held that there was justification for the district court's exercise of discretion in imposing supervised release.

Vincent J. Brunkow (argued), Kara Lee Hartzler, Federal Defenders of San Diego, Inc., San Diego, California, for Defendant-Appellant.

Mark R. Rehe (argued), Andrew R. Haden, United States Attorney's Office, San Diego, California, for Plaintiff-Appellee.

Before: Andrew J. Kleinfeld and Kim McLane Wardlaw, Circuit Judges, and Matthew F. Kennelly, District Judge.[*]

OPINION

Page 663

PER CURIAM:

Francisco Jimenez-Arzate pleaded guilty to having illegally re-entered the United States after having previously been deported. The district court sentenced him to 34 months in prison and three years of supervised release. He timely appeals his sentence.

Jimenez-Arzate argues that the district court erred in finding that his prior conviction for violation of California Penal Code § 245(a)(1) is categorically a crime of violence for federal sentencing purposes. He contends that United States v. Grajeda, 581 F.3d 1186 (9th Cir. 2009), is no longer good law in light of People v. Aznavoleh, 210 Cal.App.4th 1181, 148 Cal.Rptr.3d 901 (Ct. App. 2012), and People v. Wyatt, 48 Cal.4th 776, 108 Cal.Rptr.3d 259, 229 P.3d ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.