United States of America v. Lorenzo Grant

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LORENZO GRANT,
Defendant-Appellant.
No. 16-10329
D.C. No. 4:09-cr-01035-PJH
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, Chief Judge, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Lorenzo Grant appeals from the district court’s judgment and challenges the
37-month sentence imposed upon revocation of supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Grant contends that the district court erred by concluding that his conviction
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-10329
for willful infliction of corporal injury on a spouse or cohabitant under California
Penal Code § 273.5 was a “crime of violence” under U.S.S.G. § 4B1.2 (2015) and,
therefore, constituted a Grade A violation of supervised release. See U.S.S.G.
§ 7B1.1(a)(1)(A)(i) & cmt. n.2. This claim is foreclosed by United States v.
Laurico-Yeno, 590 F.3d 818, 821-23 (9th Cir. 2010), which held that a conviction
under California Penal Code § 273.5 is a categorical crime of violence under the
force clause of the definition of “crime of violence” in U.S.S.G. § 2L1.2, which is
identical to the force clause in the definition of “crime of violence” in U.S.S.G.
§ 4B1.2. Contrary to Grant’s claim, Johnson v. United States, 135 S. Ct. 2551
(2015), does not undermine Laurico-Yeno. See Johnson, 135 S. Ct. at 2563
(striking down the residual clause in the definition of “violent felony” under the
Armed Career Criminal Act, but declining to call into question the remainder of the
definition, including the force clause).
AFFIRMED.

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