UNITED STATES of America, Plaintiff-Appellant, v. Hector Rene GOMEZ-RODRIGUEZ, Defendant-Appellee
Court of Appeals for the Ninth Circuit
1Opinion of the Court
HUG, Chief Judge.
The Government appeals the district court’s dismissal of an indictment charging Hector Rene Gomez-Rodriguez under 8 U.S.C. § 1326(b)(2) with illegal reentry following his deportation that was subsequent to his conviction of an aggravated felony.
The essential issue in this case concerns the effective date of an amendment to the definition of an “aggravated felony” as it applies to a charge under section 1326(b)(2). Prior to his deportation, Gomez-Rodriguez had been convicted of assault with a deadly weapon. At the time of his conviction, this crime was not among the crimes…
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