United States Ninth Circuit

Defendant's illegal reentry conviction is affirmed but his sentence is vacated and remanded for resentencing, where: 1) although the underlying removal was invalid, the violations were harmless given that defendant was ineligible for voluntary departure at the time of the removal proceeding; but 2) defendant's prior conviction for sexual conduct with a minor did not constitute a crime of violence for sentencing purposes.

Appellate Information

• Decided 10/07/2013
• Published 10/07/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel