United States v. Perez, No. 17-10216 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed defendant's sentence for being a felon in possession of a firearm and ammunition. The panel held that defendant's prior conviction for battery resulting in serious bodily injury, in violation of section 243(d) of the California Penal Code, qualifies as a "crime of violence" as defined in USSG 4B1.2(a)(1). Accordingly, the district court did not err in its sentencing determination.
Court Description: Criminal Law. Affirming a sentencing determination by the district court, the panel held that battery resulting in serious bodily injury, in violation of section 243(d) of the California Penal Code, qualifies as a “crime of violence” as defined in § 4B1.2(a)(1) of the United States Sentencing Guidelines.
The court issued a subsequent related opinion or order on July 25, 2019.
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