United States v. Ayala-Nicanor, No. 10-50069 (9th Cir. 2011)
Annotate this CaseDefendant appealed his 70-month below-Guidelines sentence of incarceration for illegal reentry after a prior deportation. The court held that, because a conviction for willful infliction of corporal injury on a spouse, under California Penal Code 273.5, was a categorical crime of violence under the Sentencing Guidelines, defendant's conviction under this section warranted a 16-level sentencing enhancement. The court also held that the district court did not commit procedural error in imposing a 70-month sentence of incarceration. Accordingly, the court affirmed the judgment of the district court.
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