Lisbey v. Gonzales, 420 F.3d
930 (9th Cir. Aug. 22, 2005) (California conviction of sexual
battery under California Penal Code § 243.4 constitutes an
aggravated felony for removal purposes, as the offense involves
a substantial risk of physical force under 18 U.S.C. § 16(b));
but see United States v. Lopez-Montanez, 421 F.3d 926 (9th
Cir. Aug. 26, 2005) (sexual battery under California Penal
Code § 243.4, is not a categorical crime of violence under
the federal Sentencing Guidelines, as the offense is not necessarily
a "forcible" sex offense under U.S.S.G. § 2L1.2,
cmt. n. 1(B)(ii)).