United States v. Isidro Moreno-Hernandez

ORDER AND AMENDED OPINION

ORDER

The mandate issued on July 13, 2005 is recalled for the purpose of amending the opinion as follows:

The amended opinion filed July 5, 2005, slip op. 7773, appearing at 2005 WL 1560269 (9th Cir. July 5, 2005), is amended as follows:

No further petitions for rehearing or petitions for rehearing en banc shall be entertained. The mandate shall reissue forthwith.

OPINION

Once more, we are asked to determine whether a federal defendant’s previous state-law conviction is for a “felony that is ... a crime of violence” under section 2L1.2(b)(l)(A)(ii) of the U.S. Sentencing Guidelines (“Guidelines”). See, e.g., United States v. Lopez-Patino, 391 F.3d 1034, 1036-38 (9th Cir.2004) (per curiam); United States v. Contreras-Salas, 387 F.3d 1095, 1097 (9th Cir.2004); United States v. Hernandez-Hernandez, 387 F.3d 799, 804-06 (9th Cir.2004); United States v. Grajeda-Ramirez, 348 F.3d 1123, 1124-25 (9th Cir.2003), cert. denied, — U.S.-, 125 S.Ct. 863 , 160 L.Ed.2d 781 (2005).

Under Oregon law, assault in the fourth degree (“Assault IV”), normally a “Class A misdemeanor” punishable by no more than one year in prison, is a “Class C felony” punishable by up to…