No. 05-50170.

655 F.3d 915 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Guillermo AGUILA-MONTES DE OCA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2011.

Attorney(s) appearing for the Case

Steven F. Hubachek and Vincent J. Brunkow , Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Mark R. Rehe , Assistant U.S. Attorney, Criminal Division, San Diego, CA, for the plaintiff-appellee.

PER CURIAM Opinion; Opinion by Judge BYBEE; Concurrence by Judge BERZON; Partial Concurrence and Partial Dissent by Judge RAWLINSON.



A majority of the en banc court (Judge Bybee, joined by Judges Rymer, Silverman, Gould, Rawlinson and Callahan) overrules our prior holding in Navarro-Lopez v. Gonzales, 503 F.3d 1063, 1073 (9th Cir. 2007) (en banc), that the modified categorical approach doesn't apply "[w]hen the crime of conviction is missing an element of the generic crime altogether...

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