Tuesday, June 26, 2007

California burglary not "crime of violence"


US v. Ortega-Gonzaga, No. 06-40493
A sentence for reentering the U.S. following deportation is vacated and remanded pursuant to a claim that the district court erred in concluding that defendant's previous California conviction for burglary, Cal. Penal Code section 459, was a "crime of violence" under the sentencing guidelines.

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