U.S. v. ANDRINO-CARILLO

No. 94-30455.

63 F.3d 922 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Elvidio ANDRINO-CARILLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1995.


Attorney(s) appearing for the Case

Michael Donahoe, Federal Defenders of Montana, Helena, MT, for defendant-appellant.

Robert J. Brooks, Asst. U.S. Atty., Butte, MT, for plaintiff-appellee.

Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges.


BEEZER, Circuit Judge:

We decide whether the definition of aggravated felony contained in 8 U.S.C. § 1101(a)(43) is ambiguous; more specifically, we decide whether a five-year minimum term of imprisonment provision in that statute applies only to the immediately preceding listed offense or to all listed offenses.

Elvidio Andrino-Carillo appeals his conviction of one count of being an alien present in the United States after deportation following conviction...

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