United States v. Francisco Jimenez-Arzate

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 12, 201512-50373California1,040 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50373 Plaintiff-Appellee, D.C. No. v. 3:12-cr-01421-LAB-1

FRANCISCO JIMENEZ-ARZATE,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Argued and Submitted November 19, 2014—Pasadena, California

Filed January 12, 2015

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

Per Curiam Opinion

* The Honorable Matthew F. Kennelly, District Judge for the U.S. District Court for the Northern District of Illinois, sitting by designation. 2 UNITED STATES V. JIMENEZ-ARZATE

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 Calif. Penal Code § 245(a)(1) is categorically a crime of violence for federal sentencing purposes.

The panel rejected the defendant’s contentions (1)…

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