United States v. Hernandez-Hernandez,
374 F.3d 808 (9th Cir. June 30, 2004) (California misdemeanor
conviction of corporal injury on spouse, in violation of Penal
Code § 273.5(a), cannot constitute a crime of violence aggravated
felony conviction, so as to support a 16-level enhancement
of sentence for illegal re-entry under U.S.S.G. § 2L1.2(b)(1)(A)(ii),
because it was a misdemeanor with a maximum possible sentence
of one year in county jail).
jurisdiction:
Ninth Circuit