NOT FOR PUBLICATION
MEMORANDUM*
Appellant Jose Moreno-Tobar ("Moreno") pleaded guilty to illegal re-entry into the United States in violation of 8 U.S.C. § 1326, and was sentenced to a term of 60 months in prison, to be followed by three years supervised release. On appeal, Moreno contends the district court erred in determining that his prior conviction under California Penal Code § 243(d) for battery constituted...
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