U.S. v. Ruiz-Apolonio, No. 10-50306 (9-14-11) (Wardlaw with B. Fletcher and Kavanaugh, Cir.).
In a 1326 appeal, the 9th holds that forcible rape under California Penal Code 261(a)(2) is categorically a "crime of violence" under the Guidelines.
U.S. v. Ayala-Nicanor, No. 10-50069 (9-14-11) (Wardlaw with Goodwin and Cogan, D.J.).
In a 1326 appeal, the 9th holds that willful infliction of corporal injury of a spouse under California Penal Code 273 is a categorical "crime of violence" under the Guidelines.
U.S. v. Tafoya-Montelongo, No. 10-10177 (9-14-11) (Mill, D.J., with W. Fletcher and N. Smith).
In a 1326 appeal, the 9th considered whether the defendant's conviction for attempted sexual abuse of a child under Utah Code 76-5-404.1 is a" crime of violence" under the Guidelines. The 9th finds that the Utah Code is overbroad, but using a modified categorical approach, and examining the plea agreement, finds that the acts constitute a crime of violence. The +16 adjustment is affirmed.
Trigueros v. Adams, No. 08-56484 (9-14-11) (M. Smith with D. Nelson and Bybee).
The 9th reverses a denial of a habeas petition for untimeliness. The 9th finds that the California Supreme Court's consideration of the petitioner's pro se writ, request for informal briefing by the state, and the subsequent denial of the petitioner's writ, can be considered a finding of timeliness by the state.