Defendant's sentence for being a deported alien found in the U.S. is affirmed where the use of physical force against the person of another was an element of California Penal Code section 273.5, and thus defendant's prior violation of that statute was a categorical crime of violence under U.S.S.G. section 2L1.2.
Argued and Submitted November 3, 2009
Filed January 4, 2010
Opinion by Judge Molloy
Kristi A. Hughes, Federal Defenders of San Diego, Inc., San Diego, CA
Douglas Keehn, Bruce R. Castetter, Mark R. Rehe, Assistant United States Attorneys, San Diego, California