United States Ninth Circuit

Conviction and sentence for attempted entry after deportation is affirmed, where: 1) defendant's prior conviction for unlawful sexual penetration in violation of California Penal Code section 289(a)(1), for which he was sentenced to more than one year in custody, constituted an aggravated felony under 18 U.S.C. section 16(b) and 8 U.S.C. section 1101(a)(43)(F); 2) accordingly, defendant was ineligible for discretionary relief as an aggravated felon and the district court appropriately denied his motion to dismiss; and the fifty-seven month sentence was reasonable.

Appellate Information

• Decided 05/09/2013
• Published 05/09/2013

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• United States Ninth Circuit

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