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NICANOR-ROMERO v. MUKASEY

No. 03-73564.

523 F.3d 992 (2008)

Arturo NICANOR-ROMERO, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2008.

Attorney(s) appearing for the Case

Steven A. Guilin, San Diego, CA, for the petitioner.

Linda S. Wernery, Janice K. Redfern, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: HARRY PREGERSON, W. FLETCHER, and JAY S. BYBEE, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge:

In 1990, a jury convicted Arturo Nicanor-Romero of a violation of California Penal Code § 647.6(a). At the time of his conviction, § 647.6(a) provided, "Every person who annoys or molests any child under the age of 18 shall be punished by a fine . . ., by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment." It has been changed in immaterial respects since Nicanor-Romero's conviction...

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