U.S. v. CASTILLO-RIVERA

No. 00-50046.

244 F.3d 1020 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Jose De Jesus CASTILLO-RIVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2001.


Attorney(s) appearing for the Case

Maria Elena Stratton, Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Wesley Hsu, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: A. WALLACE TASHIMA and RAYMOND C. FISHER, Circuit Judges, and THOMAS S. ZILLY, District Judge.


Argued and Submitted February 15, 2001 — Pasadena, California.

TASHIMA, Circuit Judge:

Jose de Jesus Castillo-Rivera ("Castillo"), a Mexican citizen who pled guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326, appeals the sentence enhancement for removal subsequent to conviction for an aggravated felony. Castillo contends that his prior state conviction for violating California Penal Code ("CPC") § 12021(a) as a felon...

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