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U.S. v. AYALA-NICANOR

No. 10-50069.

659 F.3d 744 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto AYALA-NICANOR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2011.

Attorney(s) appearing for the Case

James M. Chavez, Esq. , San Diego, CA, for the defendant-appellant.

Laura E. Duffy , United States Attorney; Bruce R. Castetter , Assistant U.S. Attorney, Chief, Appellate Section Criminal Division; Rees F. Morgan , Assistant U.S. Attorney; San Diego, CA, for the plaintiff-appellee.

Before: ALFRED T. GOODWIN and KIM McLANE WARDLAW, Circuit Judges, and BRIAN M. COGAN, District Judge.

OPINION

WARDLAW, Circuit Judge:

Alberto Ayala-Nicanor (Ayala) appeals his 70-month below-Guidelines sentence of incarceration for illegal reentry after a prior deportation, in violation of 8 U.S.C. § 1326(a) and (b).

The district court increased Ayala's base offense level by sixteen points because it concluded that Ayala's conviction for willful infliction of corporal injury on a spouse, California Penal Code § 273.5, is a categorical crime...

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