United States v. Ayala-Nicanor
2011 U.S. App. LEXIS 18922
| 9th Cir. | 2011Background
- Ayala-Nicanor pleaded guilty to illegal reentry after deportation under 8 U.S.C. §1326(a)-(b).
- District court applied a 16-level enhancement under §2L1.2 based on Ayala's prior conviction for California §273.5 (corporal injury to a spouse).
- Ayala's June 1998 priors included §273.5(a) and §245(a)(1) with concurrent state sentences.
- Ayala objected that §273.5 is not a categorical crime of violence and sought policy-based relief under §3553(a); government urged the 16-level enhancement.
- Laurico-Yeno held §273.5 is categorically a crime of violence for §2L1.2; Johnson questioned but did not overrule Laurico-Yeno; Banuelos-Ayon reaffirmed the same in immigration context.
- The court imposed 70 months, explained its reasoning under Rita and Kimbrough, and affirmed the sentence as consistent with policy considerations and the advisory nature of Guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §273.5 is a crime of violence for §2L1.2 | Ayala argues Johnson undermines Laurico-Yeno. | Ayala contends Laurico-Yeno is irreconcilable with Johnson. | Laurico-Yeno remains valid; §273.5 is a crime of violence under §2L1.2. |
| Whether Johnson undermines Laurico-Yeno | Ayala asserts Johnson overruns Laurico-Yeno. | Johnson does not undermine Laurico-Yeno; Banuelos-Ayon supports it. | Johnson does not undermine Laurico-Yeno; Laurico-Yeno stands. |
| Procedural adequacy of addressing policy challenges | Ayala argues the district court failed to address his policy challenge. | District court acknowledged advisory nature and considered policy factors. | District court provided a sufficient explanation under Rita/Kimbrough. |
| Adequacy of sentence within 3553(a) factors | Ayala sought 48 months; argued 16-level enhancement too harsh. | Government urged 100 months; court chosen 70 months. | 70-month sentence affirmed as reasonable under 3553(a). |
Key Cases Cited
- Laurico-Yeno v. United States, 590 F.3d 818 (9th Cir. 2010) (categorical crime of violence under §2L1.2 for §273.5(a))
- Johnson v. United States, 130 S. Ct. 1265 (U.S. 2010) (defines physical force in context of violent felony/ACCA; confirms Laurico-Yeno not undermined)
- Banuelos-Ayon v. Holder, 611 F.3d 1080 (9th Cir. 2010) (affirms §273.5 as categorical crime of violence in immigration context)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach for prior offenses in §2L1.2 analysis)
- Leocal v. Ashcroft, 543 U.S. 1 (U.S. 2004) (defines "crime of violence" in terms of force against person)