Gomez-Mendez
United States v. Gomez-Mendez
Opinion
Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-50729 Plaintiff-Appellee, v. D.C. No.
CR-05-0041-TJW
ALEJANDRO GOMEZ-MENDEZ,
OPINION
Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding
Argued and Submitted August 15, 2006—Pasadena, California
Filed May 14, 2007
Before: Alex Kozinski, Diarmuid F. O’Scannlain, and Jay S. Bybee, Circuit Judges.
Opinion by Judge O’Scannlain
5651 5654 UNITED STATES v. GOMEZ-MENDEZ
COUNSEL
Benjamin L. Coleman, San Diego, California, argued the cause for the defendant-appellant, and filed briefs.
Joseph S. Green, Assistant U.S. Attorney, San Diego, Califor- nia, argued the cause for the plaintiff-appellee; Carol C. Lam, U.S. Attorney, and Roger W. Haines, Jr., Assistant U.S. Attorney Chief, Appellate Section, Criminal Division, were on the brief.
OPINION
O’SCANNLAIN, Circuit Judge:
We are asked to decide whether a defendant’s prior Califor- nia conviction for unlawful sexual intercourse with a minor qualifies as a “crime of…