Friday, May 29, 2009

U.S. v. Medina-Villa, No. 07-50396 (5-28-09). The 9th (Wardlaw joined by Pregerson and Graber) holds that California's penal code section 288(a) -- lewd and lascivious acts on a child under 14 -- is a crime of violence for aggravated felony purposes in 2L1.2.

U.S. v. Lomeli-Mences, No. 07-50452 (5-28-09). The 9th (Graber joined by Pregerson and Wardlaw) affirm the criminal history calculations of a defendant sentenced on two offenses on the same day and same time. The two offenses, however, were unrelated because one was from 2000 (false imprisonment of defendant's ex-girlfriend) and the other from 2006 (false impersonation from a false name). The offenses were not consolidated by order, nor did they arise from a common scheme. This separate counting was not error. The 9th also held that once a defendant admits his illegal presence in a plea agreement and at a plea colloquy, that is the date that is used for conviction and not the date in an indictment.


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