Jimenez-Arzate

ORDER

The opinion filed on January 12, 2015, and appearing at 776 F.3d 662 , is amended as follows:

On Opinion page 664, replace the paragraph beginning “Ceron v. Holder, 747 F.3d 773 (9th Cir.2014) (en banc), addresses the question” with the following:

With the opinion thus amended, the panel has voted unanimously to deny the petition for rehearing. Judge Wardlaw has voted to deny the petition for rehearing en banc, and Judges Kleinfeld and Kennelly recommended denial.

The full court has been advised of the petition for rehearing and no active judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and petition for rehearing en banc is DENIED. No further petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

Francisco Jimenez-Arzate pleaded guilty to having illegally re-entered the United States after having previously been deported. The district court sentenced him to 34 months in prison and three years of supervised release. He timely appeals his sentence.

Jimenez-Arzate argues that the district court erred in finding that his prior conviction for violation of…