Almazan-Becerra

MEMORANDUM

In United States v. Almazan-Becerra, 537 F.3d 1094 (9th Cir.2008), we affirmed the district court’s application of the modified categorical approach and imposition of a 57-month sentence on Julio Almazan-Becerra. After we affirmed the district court, we stayed proceedings in this matter pending the final disposition in United States v. Aguila-Montes de Oca, 655 F.3d 915 (9th Cir.2011) (en banc), a case regarding the modified categorical approach. We invited the parties to submit supplemental briefs addressing the relevance and applicability of AguilaMontes de Oca to this matter. Having reviewed the parties’ supplemental briefs, we conclude that this matter is not moot, and that Aguila-Montes de Oca does not affect our prior decision. Thus, we do not disturb our prior decision, and we lift the stay on proceedings in this matter.

1. In criminal cases, the mootness requirement “means that a defendant wishing to continue his appeals after the expiration of his sentence must suffer some ‘continuing injury’ or ‘collateral consequence’ sufficient to satisfy Article III.” United States v. Juvenile Male, — U.S. -, 131 S.Ct. 2860, 2864 , 180 L.Ed.2d 811 (2011). Here,…