United States v. Francisco Rodriguez-Garcia

MEMORANDUM

Appellant Francisco Rodriguez-Garcia appeals the denial of a motion to dismiss his indictment for unlawful reentry of a previously removed alien in violation of 8 U.S.C. § 1326 (a) and (b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In 2004, Appellant was convicted of aiding and abetting attempted murder in violation of California Penal Code § 664-187(a). Appellant was subsequently removed on the grounds that he was not a United States citizen or legal permanent resident and had been convicted of attempted murder, an aggravated felony as defined in 8 U.S.C. § 1101 (a)(43)(A, F, U). In 2012, Appellant was found illegally entering the United States and convicted of unlawful reentry of a previously removed ' alien.

Pursuant to 8 U.S.C. § 1326 (d), Appellant brings a collateral challenge to the removal order underlying his § 1326 conviction. 8 U.S.C. § 1326 (d)(3). Appellant argues his attempted murder conviction falls outside the federal definition of an aggravated felony because California’s application of the natural and probable consequences doctrine is broader than the generic definition of aiding and abetting. See United States v.…