Bolanos-Hernandez

United States v. Bolanos-Hernandez

Good Law
United States Court of Appeals for the Ninth CircuitAugust 6, 200706-30406California4,523 words

Opinion

Opinion

TASHIMA, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 06-30406 Plaintiff-Appellee, v.  D.C. No.

CR 05-0183 WFN

JOSE BOLANOS-HERNANDEZ,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, District Judge, Presiding

Argued and Submitted March 9, 2007—Seattle, Washington

Filed August 6, 2007

Before: Betty B. Fletcher, Diarmuid F. O’Scannlain, and A. Wallace Tashima, Circuit Judges.

Opinion by Judge Tashima Tracy A. Staab, Assistant Federal Public Defender, Spokane, Washington, for the defendant-appellant.

Pamela J. Byerly, Assistant United States Attorney, Spokane, Washington, for the plaintiff-appellee.

OPINION

TASHIMA, Circuit Judge:

Jose Bolanos-Hernandez (“Bolanos”) appeals the sentence imposed after he pleaded guilty to illegal re-entry into the United States following deportation, in violation of 8 U.S.C. § 1326. He contends that his sentence should be reversed because: (1) his prior conviction for assault with intent to commit rape is not a crime of violence; and (2) the district court…

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