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COMMONWEALTH v. VILLALOBOS

437 Mass. 797 (2002)

COMMONWEALTH v. CESAR VILLALOBOS.

Supreme Judicial Court of Massachusetts, Middlesex.

October 18, 2002.

Attorney(s) appearing for the Case

Richard J. Fallon for the defendant.

Thomas D. Ralph, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SOSMAN, J.

After denying the defendant's motion to withdraw his admission to sufficient facts and for a new trial, a judge in the District Court reported the following question to the Appeals Court: "Whether, in light of the 1996 amendment to 8 U.S.C. [§] 1101(a)(48)(A) which treats an `admission to sufficient facts' as equivalent to a conviction for immigration purposes, a criminal defendant who offers an `admission...

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