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United States v. Perez

United States Court of Appeals, Ninth Circuit

July 11, 2019

United States of America, Plaintiff-Appellee,
v.
Aaron David Perez, Defendant-Appellant.

          Argued and Submitted June 14, 2018

          Submission Vacated July 11, 2018

          Resubmitted July 3, 2019 San Francisco, California

          Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding No. 4:16-cr-00223-JSW-1 .

          Jerome E. Matthews (argued) and Elizabeth McKenna, Assistant Federal Public Defender; Steven G. Kalar, Federal Public Defender; Office of the Federal Public Defender, Oakland, California; for Defendant-Appellant.

          Susan B. Gray (argued), Assistant United States Attorney; J. Douglas Wilson, Chief, Appellate Division; United States Attorney's Office, San Francisco, California; for Plaintiff-Appellee.

          Before: Eugene E. Siler, [*] Richard A. Paez, and Sandra S. Ikuta, Circuit Judges.

         SUMMARY[**]

         Criminal Law

         Affirming a sentencing determination by the district court, the panel held that battery resulting in serious bodily injury, in violation of section 243(d) of the California Penal Code, qualifies as a "crime of violence" as defined in § 4B1.2(a)(1) of the United States Sentencing Guidelines.

          OPINION

          Ikuta, Circuit Judge.

         Aaron Perez's appeal of his sentence for being a felon in possession of a firearm and ammunition raises the question whether a prior state conviction for battery resulting in serious bodily injury, in violation of section 243(d) of the California Penal Code, qualifies as a "crime of violence" as defined in § 4B1.2(a)(1) of the United States Sentencing Guidelines. We conclude that it does. For the reasons set forth below and in our concurrently-filed memorandum disposition, United States v. Perez, Fed.Appx. (9th Cir. 2019), we affirm.

         I

         In May 2016, Perez was convicted of a single count of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). According to the presentence report, Perez had a lengthy criminal history, including a conviction for felony battery ...


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