United States v. Lopez-Montanez,
421 F.3d 926 (9th Cir. Aug. 26, 2005) (California conviction
of 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)); but
see Lisbey v. Gonzales, 420 F.3d 930 (9th Cir. Aug. 22, 2005)
(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)).