U.S. v. LOPEZ-MONTANEZ

No. 04-50260.

421 F.3d 926 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. David LOPEZ-MONTANEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2005.


Attorney(s) appearing for the Case

Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Matthew J. Gardner, Assistant U.S. Attorney (on the brief), Kevin M. Mulcahy, Assistant United States Attorney (at oral argument), United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: B. FLETCHER, RYMER and FISHER, Circuit Judges.


FISHER, Circuit Judge.

This case presents the question of whether a prior felony conviction under California's sexual battery statute, Cal.Penal Code, § 243.4(a), constitutes a "crime of violence" under the federal Sentencing Guidelines' provision governing sentences for unlawful reentry into the United States, U.S.S.G. § 2L1.2. The district court found that a conviction under the California statute was a "forcible sex offense" and thus a "crime of violence...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases