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U.S. v. AGUILERA-RIOS

No. 12-50597.

754 F.3d 1105 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge AGUILERA-RIOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2014.

Attorney(s) appearing for the Case

Kara Hartzler , Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.

Mark R. Rehe , Assistant U.S. Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Before: HARRY PREGERSON, MICHAEL R. MURPHY, and MARSHA S. BERZON, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Jorge Aguilera-Rios ("Aguilera"), a citizen of Mexico, was convicted of a California firearms offense, removed from the United States on the basis of that conviction, and, when he returned to the country, tried and convicted of illegal reentry under 8 U.S.C. § 1326. He contends that his prior removal order was invalid because his conviction under California Penal Code § 12021(c)(1) was not a categorical match for...

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