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U.S. v. LOPEZ-COLLAZO

No. 15-4312.

824 F.3d 453 (2016)

UNITED STATES of America, Plaintiff-Appellant, v. Agustin LOPEZ-COLLAZO, a/k/a Agustin Martinez-Lopez, a/k/a Agustin Lopez, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 1, 2016.

Attorney(s) appearing for the Case

ARGUED: Sujit Raman , Office of the United States Attorney, Greenbelt, Maryland, for Appellant. Joanna Beth Silver , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellant. James Wyda , Federal Public Defender, Office of the Federal Public Defender, Baltimore, Maryland, for Appellee.

Reversed and remanded by published opinion. Chief Judge Traxler wrote the opinion in which Judge Diaz joined. Judge Gregory wrote a dissenting opinion.

In June 2007, Agustin Lopez-Collazo, an illegal alien from Mexico, was placed in expedited removal proceedings when immigration officials from the Department of Homeland Security ("DHS") determined that his conviction for second degree assault in Maryland constituted an "aggravated felony." See 8 U.S...

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