United States v. Gomez-Hernandez, No. 10-10441 (9th Cir. 2012)Annotate this Case
Defendant appealed the sentence imposed by the district court following his conviction for illegal reentry after deportation. Defendant challenged the district court's determination that his prior Arizona state court conviction for attempted aggravated assault was a crime of violence, and the resulting sixteen-level sentencing enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii). The court affirmed the sentence because defendant's conviction for attempted aggravated assault rested on the elements of generic attempted aggravated assault.