United States Ninth Circuit

Sentence for plea no contest to unlawful reentry following removal in violation of 8 U.S.C. sections 1326(a) and (b) is vacated and remanded for resentencing where the district court's erroneously determination that his prior conviction under California Vehicle Code section 10851(a) constituted an aggravated felony because the conviction fails to satisfy the modified categorical test and therefore is not a qualifying predicate offense.

Appellate Information

• Published 2017/04/07

Judges

• THOMAS

Court

• United States Ninth Circuit

Counsel