Ayala-Ayala

United States v. Ayala-Ayala

Good Law
46 F. App'x 489
United States Court of Appeals for the Ninth CircuitSeptember 17, 2002No. 01-10076; D.C. No. CR 00-00107-DWHCalifornia361 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Ayala-Ayala appeals his 46-month sentence imposed following a guilty plea conviction for illegally reentering the United States, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Ayala-Ayala contends that his Nevada gross misdemeanor battery conviction did not constitute an aggravated felony, and its use to enhance his sentence under U.S.S.G. § 2L1.2(b)(1)(A) therefore, was *490 improper. We review de novo, United States v. Trinidad-Aquino, 259 F.3d 1140, 1142 (9th Cir.2001), and conclude that this contention in unpersuasive.

An aggravated felony is defined as “a crime of violence ... for which the term of imprisonment is at least one year.” United States v. Jimenez, 258 F.3d 1120, 1125 (9th Cir.2001); see also, U.S.S.G. § 2L1.2, comment, (n.1); 8 U.S.C. § 1101 (a)(43)(F). Battery is “... any willful and unlawful use of force or violence upon the person of another” and may result in punishment by imprisonment “for not more than one year ...” See NEV. REV. STAT. 200.481(l)(a); NEV. REV. STAT. 193.40.

Because battery, as defined by Nevada law, constitutes a crime of violence, see 18 U.S.C. § 16…

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