US v. Laurico-Yeno, No. 09-50093

Defendant's sentence for being a deported alien found in the U.S. is affirmed where the use of physical force against the person of another was an element of California Penal Code section 273.5, and thus defendant's prior violation of that statute was a categorical crime of violence under U.S.S.G. section 2L1.2.

Read US v. Laurico-Yeno, No. 09-50093

Appellate Information

Argued and Submitted November 3, 2009

Filed January 4, 2010

Judges

Opinion by Judge Molloy

Counsel

For Appellant:

Kristi A. Hughes, Federal Defenders of San Diego, Inc., San Diego, CA

For Appellee:

Douglas Keehn, Bruce R. Castetter, Mark R. Rehe, Assistant United States Attorneys, San Diego, California