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U.S. v. VALDIVIA-FLORES

No. 15-50384.

876 F.3d 1201 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Alejandro VALDIVIA-FLORES, aka Francisco Cruz-Mendoza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2017.

Attorney(s) appearing for the Case

Ellis M. Johnston III (argued) , San Diego, California, for Defendant-Appellant.

Helen H. Hong (argued) , Assistant United States Attorney; Lindsey A. Forrester Archer , Special Assistant United States Attorney; Peter Ko , Chief, Appellate Section, Criminal Division; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Special Concurrence by Judge O'Scannlain; Dissent by Judge Rawlinson

OPINION

We must decide whether a conviction for possession of a controlled substance with intent to distribute under Washington state law is an aggravated felony for purposes of federal immigration law.

I

Jose Valdivia-Flores is a Mexican citizen who entered the United States without inspection...

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