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U.S. v. VELASQUEZ-BOSQUE

No. 09-50126.

601 F.3d 955 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Fernando Alberto VELASQUEZ-BOSQUE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted April 8, 2010.

Filed April 15, 2010.

Attorney(s) appearing for the Case

Davina T. Chen, Deputy Federal Public Defender, Santa Ana, CA, for defendant-appellant and cross-appellee Fernando Velasquez-Bosque.

Daniel B. Levin, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee and cross-appellant the United States of America.

Before WILLIAM C. CANBY, JR., RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge:

We are asked to decide whether carjacking under California Penal Code section 215 is a categorical crime of violence under U.S.S.G. § 2L1.2(b)(1)(A)(ii). We hold that it is, and we reverse.

I

Fernando Velasquez-Bosque was convicted of violating 8 U.S.C. § 1326, which makes it a crime for an alien who has been removed from the United States to reenter the country. Velasquez-Bosque had a previous felony conviction for...

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