Medina-Villa
United States v. Medina-Villa
Opinion
Opinion
Wardlaw, J.
ORDER AND AMENDED OPINION
ORDER
Appellant’s motion for an extension of time to file the petition for rehearing and/or petition for rehearing en banc is GRANTED. The petition shall be filed no later than July 22, 2009.
Appellee’s request to amend the opinion is GRANTED. The opinion appearing at 567 F.3d 507 (9th Cir. 2009), is amended as follows: On opinion page 512, delete “Contrary to the government’s argument,” and capitalize “nothing.”
IT IS SO ORDERED.
OPINION
Cosme Medina-Villa (“Medina”), also known as Cosme Medina-Maella, returns to our court, again convicted of attempted reentry into the United States after removal in violation of 8 U.S.C. § 1326 . He was sentenced to a sixty-month term of imprisonment and three years of supervised release, following a sixteen-level increase in his offense level for a prior conviction under California Penal Code section 288(a), which criminalizes lewd and lascivious acts on a child under fourteen. We must decide whether, in light of Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir.2008) (en banc), a conviction under section 288(a) constitutes “sexual abuse of a minor,” qualifying it as a “crime of violence” that warrants the…