U.S. v. GOMEZ-RODRIGUEZ

No. 95-10114.

96 F.3d 1262 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Hector Rene GOMEZ-RODRIGUEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 21, 1996.

Order May 15, 1996.

Argued and Submitted June 20, 1996.

Decided September 24, 1996.


Attorney(s) appearing for the Case

Nandor J. Vadas, Assistant United States Attorney, San Francisco, California, for plaintiff-appellant.

George J. Cotsirilos, Jr., Cotsirilos & Campisano, San Francisco, California, for defendant-appellee.

Before: HUG, Chief Judge, GOODWIN, SCHROEDER, CANBY, REINHARDT, WIGGINS, BRUNETTI, KOZINSKI, THOMPSON, T.G. NELSON, and HAWKINS, Circuit Judges.


Order Taking Case En Banc May 15, 1996.

HUG, Chief Judge.

The Government appeals the district court's dismissal of an indictment charging Hector Rene Gomez-Rodriguez under 8 U.S.C. § 1326(b)(2) with illegal reentry following his deportation that was subsequent to his conviction of an aggravated felony.

The essential issue in this case concerns the effective date of an amendment to the definition of an "aggravated felony" as it applies to a charge...

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