United States v. Ramiro Ramos-Medina

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA , No. 09-50408 Plaintiff-Appellee, D.C. No. v. 3:08-cr-03418-JM-

RAMIRO RAMOS-MEDINA , ORDER AND

Defendant-Appellant. AMENDED OPINION

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, Senior District Judge, Presiding

Argued and Submitted March 8, 2012—Pasadena, California

Filed June 21, 2012 Amended January 11, 2013

Before: Jerome Farris, Richard R. Clifton, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Clifton UNITED STATES V . RAMOS-MEDINA

SUMMARY*

Criminal Law

The panel amended a June 21, 2012, opinion and denied a petition for panel rehearing, and the court denied a petition for rehearing en banc, in a case in which the panel affirmed a conviction and sentence for illegally re-entering the United States after previously having been deported.

In the amended opinion, the panel held that United States v. Becker, 919 F.2d 568 (9th Cir. 1990), and Lopez-Cardona v. Holder, 662 F.3d 1110 (9th Cir. 2011), establish that first- degree burglary under…