Thursday, August 09, 2007

US v. Riedl, No. 06-10424 (8-6-07). Defendant was convicted of various money laundering counts in 1999, and was deported to Austria in 2004. In 2006, she sought to use the writ of coram nobis to attack the money laundering statutes as unconstitutionally vague. The 9th (Fisher joined by D. Thompson and Rymer) affirm the dismissal. Using the framework established in Hirabayashi, 828 F.2d 591 (9th Cir 1987), the 9th concludes that no valid reason exists for her delay in attacking the conviction sooner.

US v. Bolanos-Hernandez, No. 06-30406 (8-6-07). The 9th (Tashima joined by B. Fletcher and O'Scannlain) hold that California's assault with intent to commit rape (Cal. penal Code 220 and 261(a)(2)) is a crime of violence under 2L1.2(b)(1)(A)(ii). The 9th concludes that assault with intent to commit rape contemplates some physical force. Assault must be proved as well as attempted rape. Elements to these offenses require actual or intended physical force. Thus, the state offense qualifies as a crime of violence.


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