Lomas

United States v. Lomas

Bad Law
30 F.3d 1191·1994 WL 387133
United States Court of Appeals for the Ninth CircuitJuly 27, 1994No. 93-50655California1,728 words

Opinion

Lead Opinion

Trott, J.

Manuel Bustamante-Lomas appeals his conviction and sentence for illegal reentry after deportation and conviction for an aggravated felony in violation of 8 U.S.C. § 1326 (b)(2). He claims his prior state conviction for the sale or transportation of cocaine was not an “aggravated felony.” We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

I

Bustamante-Lomas is a native and citizen of Mexico with a long criminal history. On at least three occasions, he has been deported to Mexico. Each time, however, he came back to the United States and committed more crimes.

Nevertheless, we are only concerned with the details of Bustamante-Lomas’s most recent misdeeds. In 1990, he was convicted of the sale or transportation of cocaine in violation of California Health and Safety Code section 11352 and sentenced to five years in state prison. On February 20, 1993, he was paroled and deported to Mexico for the third time. Within weeks, Bustamante-Lomas illegally reentered the United States. On April 28, 1993, he was once again arrested.

Bustamante-Lomas was then charged with illegally reentering the United States after deportation and conviction for both…

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