United States v. Jose Chavez-Pacheco

MEMORANDUM

Jose Rafael Chavez-Pacheco (“Chavez”) appeals the district court’s imposition of a twenty-four month sentence following his plea of guilty to unlawful reentry in violation of 8 U.S.C. § 1326 . We affirm.

1. The district court correctly determined that assault with a deadly weapon under California Penal Code § 245(a)(1) is categorically a “crime of violence” under United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii). United States v. Grajeda, 581 F.3d 1186, 1197 (9th Cir.2009). Contrary to Chavez’s contention, the mens rea requirement for § 245(a)(1), as relevant here, was the same at the time of his 1989 conviction and the time of the 1996 conviction analyzed in Grajeda . At both times, California Penal Code § 245(a)(1) required proof that the defendant willfully committed an act that by its nature would probably and directly result in injury to another. See People v. Colantuono, 7 Cal.4th 206 , 26 Cal.Rptr.2d 908 , 865 P.2d 704, 709 (1994); People v. Rocha, 3 Cal.3d 893 , 92 Cal.Rptr. 172 , 479 P.2d 372, 376-77 (1971).

2. Chavez’s contention that Grajeda was abrogated by Ceron v. Holder, 747 F.3d 773 (9th Cir.2014) (en banc), also lacks merit. We recently held…