Ninth Circuit Holds that Assault with a Deadly Weapon is Categorically a Crime of Violence
In U.S. v. Grageda, the Ninth Circuit held that a conviction under California Penal Code 245(a)(1) (Assault with a deadly weapon) is categorically a crime of violence as defined by Federal Sentencing Guidelines 2L1.2, which the Ninth Circuit held uses “materially” the same language as Section 16(a), which is the provision cited in the crime of violence definition cited in INA 101(a)(43)(F). The Ninth Circuit rejected an argument that California Penal Code 245(a)(1) is a general intent crime in which the “least touching” is sufficient to sustain a conviction.
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