United States Ninth Circuit

Defendant's conviction and sentence for illegal reentry are: 1) affirmed as to the conviction, where the underlying removal was invalid but the violations were harmless given that defendant was ineligible for voluntary departure at the time of the removal hearing; but 2) vacated as to the sentence and remanded for resentencing, where defendant's prior conviction for sexual conduct with a minor did not constitute a crime of violence under the Sentencing Guidelines, and the sentencing error was not harmless. (Superseding opinion)

Appellate Information

• Decided 04/24/2014
• Published 04/24/2014

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel