U.S. v. GARCIA-SANTANA

No. 12-10471.

743 F.3d 666 (2014)

UNITED STATES of America, Plaintiff-Appellant, v. Xochitl GARCIA-SANTANA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2014.


Attorney(s) appearing for the Case

Elizabeth O. White (argued), Assistant United States Attorney; Daniel G. Bogden , United States Attorney; and Robert L. Ellman , Appellate Chief, Office of the United States Attorney, Reno, NV, for Plaintiff-Appellant.

Lauren Gorman (argued), Assistant Federal Defender; Rene Valladares , Federal Defender; and Dan C. Maloney , Research & Writing Attorney, Office of the Federal Public Defender, Reno, NV, for Defendant-Appellee.

Before: ARTHUR L. ALARCÓN and MARSHA S. BERZON, Circuit Judges, and JACK ZOUHARY, District Judge.


OPINION

BERZON, Circuit Judge:

The government appeals the dismissal of Xochitl Garcia-Santana's indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia's prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary relief from removal. We affirm. In doing so, we hold that the generic definition of "conspiracy...

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