Bolanos-Hernandez
United States v. Bolanos-Hernandez
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…