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U.S. v. FARMER

No. 09-50124.

627 F.3d 416 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Tyler George FARMER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 2010.

Attorney(s) appearing for the Case

Richard A. Levy , Torrance, CA, for the defendant-appellant.

Aaron M. May , Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Opinion by Judge BYBEE; Concurrence by Judge BYBEE.

OPINION

BYBEE, Circuit Judge:

We are asked to decide whether Defendant-Appellant Tyler George Farmer's conviction under California Penal Code 19299 § 288(a), for lewd and lascivious acts involving a child, categorically qualifies as "a prior conviction ... relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward." 18 U.S.C. § 2252A(b)(2). Although the answer is more complicated that it at first appears...

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