Defendant's sentence for illegal reentry into the US is affirmed where: 1) a prior conviction for a violation of California Penal Code section 245(a)(1) qualifies as a "crime of violence" within the meaning of U.S.S.G. section 2L1.2(b)(1)(A)(ii); and 2) because defendant's objections to the presentence report were legal, not factual, the district court was not required to make any factual determinations, and so committed no error.
Argued and Submitted May 7, 2008
Filed September 21, 2009
Opinion by Judge Paez
Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA
Bruce R. Castetter, Assistant U.S. Attorney, San Diego, CA
Eugene S. Litvinoff, Assistant U.S. Attorney, San Diego, CA