Legal Opinion

United States v. Velasquez-Bosque

Court of Appeals for the Ninth Circuit

Decided April 15, 2010No. 09-50126PublishedCited by 33 opinions

1Opinion of the Court

IKUTA, Circuit Judge:

We are asked to decide whether carjacking under California Penal Code section 215 is a categorical crime of violence under U.S.S.G. § 2L1.2(b)(l)(A)(ii). We hold that it is, and we reverse.

I

Fernando Velasquez-Bosque was convicted of violating 8 U.S.C. § 1326, which makes it a crime for an alien who has been removed from the United States to reenter the country. Velasquez-Bosque had a previous felony conviction for carjacking under California Penal Code section 215. At sentencing on the § 1326 conviction, the government urged the district court to increase…

2Cases cited28 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  3. United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-CoronaCourt of Appeals for the Ninth Circuit · 2002
  4. Scheidler v. National Organization for Women, Inc.Supreme Court of the United States · 2003
  5. United States v. VidalCourt of Appeals for the Ninth Circuit · 2007

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3Cited by33 opinions

  1. United Brotherhood of Carpenters & Joiners v. Building & Construction Trades Dep'tCourt of Appeals for the Ninth Circuit · 2014
  2. Hector Rodriguez-Castellon v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013
  3. Damon Raines v. United StatesCourt of Appeals for the Sixth Circuit · 2018
  4. United States v. Alberto Garcia-JimenezCourt of Appeals for the Ninth Circuit · 2015
  5. United States v. FarmerCourt of Appeals for the Ninth Circuit · 2010

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