U.S. v. SERNA

No. 04-10597.

435 F.3d 1046 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier SERNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2006.


Attorney(s) appearing for the Case

Quin Denvir, Federal Defender, Sacramento, CA, for the defendant-appellant.

McGregor W. Scott, United States Attorney; Jason Hitt, Assistant United States Attorney, Sacramento, CA, for the plaintiff-appellee.

Before KOZINSKI and FERNANDEZ, Circuit Judges, and TERRY J. HATTER, JR., District Judge.


KOZINSKI, Circuit Judge.

We consider whether possession of an assault weapon in violation of California Penal Code section 12280(b) is a "crime of violence" under the federal Sentencing Guidelines.

Facts

Serna pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). It wasn't the first time Serna had illegally possessed a firearm—he had previously pleaded guilty to violating California Penal Code ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases