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U.S. v. RODRIGUEZ-GAMBOA

No. 19-50014.

946 F.3d 548 (2019)

UNITED STATES of America, Plaintiff-Appellant, v. Francisca RODRIGUEZ-GAMBOA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 27, 2019.

Attorney(s) appearing for the Case

L. Ashley Aull (argued), Chief, Criminal Appeals Section; Lawrence S. Middleton and Brandon D. Fox , Chief, Criminal Division; Nicola T. Hanna , United States Attorney; United States Attorney's Office, Los Angeles, California; for Plaintiff-Appellant.

David Menninger (argued), Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Defendant-Appellee.

Before: Kim McLane Wardlaw and Andrew D. Hurwitz, Circuit Judges, and Joseph F. Bataillon, District Judge.

OPINION

We are asked to decide whether the definition of methamphetamine under California law is broader than the definition under corresponding federal law. The issue is pivotal in this case because appellee Francisca Rodriguez-Gamboa did not commit illegal reentry under 8 U.S.C. § 1326 if the California law...

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