Legal Opinion
United States v. Esparza-Herrera
Court of Appeals for the Ninth Circuit
Decided February 25, 2009No. 07-30490PublishedCited by 44 opinions
1Opinion of the Court
Per Curiam Opinion; Concurrence by Judge GOULD.
2Per curiam
The United States Government appeals the district court’s ruling that Gerardo Es-parza-Herrera’s prior conviction for aggravated assault under Arizona Revised Statutes (“A.R.S”) § 13-1204(A)(11) was not a conviction for a “crime of violence” under section 2L1.2 of the United States Sentencing Guidelines (the “Guidelines”). The district court held that the Arizona statute did not correspond to the generic definition of “aggravated assault” that is enumerated as a “crime of violence” in Guidelines § 2L1.2. As a result, the district court did not…
3Cases cited14 opinions
- Taylor v. United StatesSupreme Court of the United States · 1990
- Estrada-Espinoza v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- United States v. DallmanCourt of Appeals for the Ninth Circuit · 2008
- United States v. Gilberto Pimentel-FloresCourt of Appeals for the Ninth Circuit · 2003
- United States v. Juan Raul Izaguirre-FloresCourt of Appeals for the Fifth Circuit · 2005
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4Cited by44 opinions
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- United States v. McMurrayCourt of Appeals for the Sixth Circuit · 2011
- United States v. OssanaCourt of Appeals for the Eighth Circuit · 2011
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