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U.S. v. BARON-MEDINA

No. 98-50493.

187 F.3d 1144 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael BARON-MEDINA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1999.

Attorney(s) appearing for the Case

Mayra Garcia, Federal Defenders of San Diego, Inc., San Diego, California, for defendant-appellant.

Jonah H. Goldstein, Bruce R. Castetter, Assistant United States Attorneys, San Diego, California, for plaintiff-appellee.

Before: KOZINSKI and FERNANDEZ, Circuit Judges, and SHUBB, District Judge.

SHUBB, District Judge:

In this appeal we must determine whether a conviction under California Penal Code Section 288(a) constitutes an "aggravated felony" within the meaning of 8 U.S.C. § 1101(a)(43). We conclude that it does, because we find that a conviction under Section 288(a) constitutes a conviction for "sexual abuse of a minor" within the meaning of 8 U.S.C. § 1101(a)(43)(A).

I.

Appellant Rafael Baron-Medina is a native of Mexico...

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