Contreras-Castillo

Contreras-Castillo v. Ashcroft

Good Law
65 F. App'x 156
United States Court of Appeals for the Ninth CircuitMay 16, 2003No. 02-16076; D.C. No. CV-02-00792-FJMCalifornia384 words

Opinion

Lead Opinion

MEMORANDUM *

David Contreras-Castillo (“Petitioner”) appeals from the district court’s denial of his petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241 . We review the district court’s decision de novo. Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th Cir.2002). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2253, and we affirm.

Petitioner argues that the district court erred in concluding that a previous decision of this court is preclusive on the merits of his arguments. We need not address that issue because we hold that Petitioner was convicted of a crime of violence for which the term of imprisonment was at least one year. Petitioner was convicted of corporal injury to a spouse/cohabitant, in violation of California Penal Code § 273.5(a), an undisputed crime of violence, punishable “by imprisonment in the state prison for two, three, or four years, or in the county jail for not more than one year,” and he was sentenced to 365 days in jail. Therefore, pursuant to 8 U.S.C. § 1101 (a)(43)(F), he was convicted of an aggravated felony. United States v. Corona-Sanchez, 291 F.3d 1201, 1210 (9th Cir.2002) (en banc). That Petitioner received credit…

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