United States Ninth Circuit

A petition for review of the BIA's conclusion that defendant's conviction under Article 92 of the Uniform Code of Military Justice (UCMJ), for possession of child pornography on government issued computer, qualifies as an "aggravated felony" under the modified categorical approach, is granted and remanded, as defendant's Article 92 conviction is not an aggravated felony because the facts on which his conviction "necessarily rested" do not satisfy the elements of either 18 U.S.C. section 2252(a)(2) or (a)(4).

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Paez

Court

• United States Ninth Circuit

Counsel