Legal Opinion
United States v. Ayala-Nicanor
Court of Appeals for the Ninth Circuit
Decided September 14, 2011No. 10-50069PublishedCited by 29 opinions
1Opinion of the Court
OPINION
WARDLAW, Circuit Judge:
Alberto Ayala-Nicanor (Ayala) appeals his 70-month below-Guidelines sentence of incarceration for illegal reentry after a prior deportation, in violation of 8 U.S.C. § 1326(a) and (b).
The district court increased Ayala’s base offense level by sixteen points because it concluded that Ayala’s conviction for willful infliction of corporal injury on a spouse, California Penal Code § 273.5, is a categorical crime of violence under U.S. Sen-fencing Guidelines (U.S.S.G.) § 2L1.2. In so doing, the court relied on our 2010 decision in United States v. Laurico-Yeno, 590…
2Cases cited20 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Rita v. United StatesSupreme Court of the United States · 2007
- Kimbrough v. United StatesSupreme Court of the United States · 2007
- Johnson v. United StatesSupreme Court of the United States · 2010
- United States v. CartyCourt of Appeals for the Ninth Circuit · 2008
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Deitz v. FordCourt of Appeals for the Ninth Circuit · 2014
- Deitz v. Ford (In Re Deitz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- United States v. Dayven JosephCourt of Appeals for the Ninth Circuit · 2013
- United States v. Randall JenningsCourt of Appeals for the Seventh Circuit · 2017
- United States v. Steven WalkerCourt of Appeals for the Ninth Circuit · 2020
24 more not listed; retrieve them via the Exa API.