United States v. Hernandez-Hernandez, 431 F.3d 1212 (9th Cir. Dec. 16, 2005) (California conviction for false imprisonment, in violation of Penal Code 236, held to qualify as a crime of violence aggravated felony for purposes of applying a 16-level sentence enhancement for illegal reentry, since defendant stipulated at change of plea that the facts contained in the "995 motion" to dismiss the charge could be considered as the factual basis for the plea, and they established that the defendant was convicted for conduct falling under the "crime of violence" portion of the divisible statute).

jurisdiction: 
Ninth Circuit

 

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