The Ninth Circuit has vacated a sentence enhanced under the career-offender Sentencing Guideline based on two prior convictions for inflicting corporal injury on a domestic partner under California Penal Code § 273.5, holding that the offense no longer categorically qualifies as a crime of violence.
Applying Borden v. United States and its own recent en banc decision in United States v. Gomez, the Court held that § 273.5 requires only the intent to commit the assaultive act, not intent or knowledge that force be directed at another person, and therefore does not satisfy the requirement of a mens rea greater than recklessness. The Court expressly overruled its prior precedent holding § 273.5 categorically a crime of violence as clearly irreconcilable with intervening authority and remanded for resentencing.
The full text of United States v. Lopez can be found here: https://cdn.ca9.uscourts.gov/datastore/opinions/2026/07/28/24-3268.pdf