Monday, January 12, 2015

United States v. Jimenez-Arzate, No. 12-50373 (per curiam; panel was Kleinfeld, Wardlaw, and Kennelly (N.D. Ill.))


--- The Ninth Circuit affirmed the custodial and supervision aspects of a sentence imposed for illegal reentry. Assault with a deadly weapon, in violation of Cal. Penal Code ยง 245(a)(1), is categorically a crime of violence, and decisions of the California state courts since 2009 did not undermine this conclusion. The district court also made an individualized finding that supervised release was a necessary deterrent in light of the defendant's repeated illegal reentries into the United States, and thus the district court did not err when it deviated from the Guidelines' recommendation against imposing terms of supervised release on defendants who are likely to be deported after serving their sentences.

The decision is here:


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