United States v. Colon-Arreola, No. 13-10341 (9th Cir. 2014)
Annotate this CaseDefendant appealed his sentence for illegal reentry after deportation. The court concluded that the district court correctly applied a sixteen-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii) based on his prior conviction for battery with injury on a peace officer in violation of California Penal Code 243(c)(2) because section 243(c)(2) is a categorical crime of violence under the Guidelines. Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal Law. The panel affirmed a sentence for illegal reentry after deportation in a case in which the defendant challenged the district court’s application of an enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on his prior conviction for battery with injury on a peace officer in violation of California Penal Code § 243(c)(2). The panel held that a conviction under § 243(c)(2) is a categorical crime of violence under § 2L1.2 because a person cannot be convicted under § 243(c)(2) unless he willfully and unlawfully applies force sufficient to not just inflict a physical injury on the victim, but to inflict a physical injury severe enough that it requires professional medical treatment.
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