United States Ninth Circuit

Defendant's conviction for illegal reentry is reversed and remanded, where: 1) his prior removal order was invalid because it was based on a conviction under California Penal Code section 12021(c)(1), which lacked an antique firearms exception and thus was not a categorical match for the federal firearms aggravated felony; and 2) because defendant was not originally removable as charged, he could not be convicted of illegal reentry.

Appellate Information

• Decided 06/17/2014
• Published 06/17/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel