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U.S. v. HERON-SALINAS

No. 08-50276.

566 F.3d 898 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Juan HERON-SALINAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2009.

Attorney(s) appearing for the Case

Jennifer L. Coon, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Karen P. Hewitt, U.S. Atty., Nicole A. Jones, Asst. U.S. Atty., Appellate Section, Criminal Division, San Diego, CA, for the plaintiff-appellee.

Before: JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

OPINION

PER CURIAM:

Juan Heron-Salinas appeals the district court's denial of his motion to dismiss his indictment for attempted entry into the United States after deportation, in violation of 8 U.S.C. § 1326. Heron-Salinas claims that his underlying deportation was invalid under 8 U.S.C. § 1326(d) because his conviction for assault with a firearm under California Penal Code section 245(a)(2) is not a "crime of violence," as that term is defined...

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