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US v. Grajeda, No. 07-50387

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.

Read US v. Grajeda, No. 07-50387

Appellate Information

Argued and Submitted May 7, 2008

Filed September 21, 2009


Opinion by Judge Paez


For Appellant:

Vincent J. Brunkow, Federal Defenders of San Diego, Inc., San Diego, CA

For Appellee:

Bruce R. Castetter, Assistant U.S. Attorney, San Diego, CA

Eugene S. Litvinoff, Assistant U.S. Attorney, San Diego, CA