United States v. Argimiro Solano

ORDER

The memorandum disposition filed in this case on September 23, 2014, is amended by the attached amended memorandum disposition. With this amended memorandum disposition, the panel has unanimously voted to deny appellant’s petition for rehearing. The petition for rehearing en banc was circulated to the judges of the court, and no judge requested a vote for en banc consideration.

The petition for rehearing and the petition for rehearing en banc are DENIED. The panel will not consider any further petitions for rehearing in response to the amended memorandum disposition.

AMENDED MEMORANDUM

Defendant Argimiro Solano appeals his conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326 . On appeal, he challenges the district court’s denial of his motion to dismiss his indict ment on the ground that the crime of rape as defined by section 261(a)(2) of the California Penal Code did not qualify as an aggravated felony. We have jurisdiction under 28 U.S.C. § 1291 .

We have previously held that unlawful sexual penetration under section 289(a)(1) of the California Penal Code is a crime of violence for purposes of 18 U.S.C. § 16 (b) because it “is precisely…