United States v. Jorge Aguilera-Rios

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50597 Plaintiff-Appellee, D.C. No. v. 3:11-cr-02734-H-

JORGE AGUILERA-RIOS,

Defendant-Appellant. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Southern District of California Marilyn L. Huff, District Judge, Presiding

Argued and Submitted February 7, 2014—Pasadena, California

Filed June 17, 2014 Amended September 29, 2014

Before: Harry Pregerson, Michael R. Murphy*, and Marsha S. Berzon, Circuit Judges.

Order; Opinion by Judge Berzon

* The Honorable Michael R. Murphy, Senior Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. UNITED STATES V. AGUILERA-RIOS

SUMMARY**

Criminal Law

The panel filed a superseding amended opinion reversing a conviction for illegal reentry in a case in which the defendant contended that, after Moncrieffe v. Holder, 133 S. Ct. 1678 (2013), his prior removal order was invalid because it was based on a conviction for unlawful firearms possession under California Penal Code § 12021(c)(1), which…