United States v. Moses Corona-Sanchez, A/K/A Enrique Sanchez-Corona

Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge RYMER; Dissent by Judge KOZINSKI.

THOMAS, Circuit Judge.

This appeal presents the question of whether.a California state conviction for the petty theft of cigarettes and beer constitutes an aggravated felony under 8 U.S.C. § 1101(a)(4S)(G) and therefore justifies increasing a sentence for unlawful reentry pursuant to 8 U.S.C. § 1826(b)(2). Under the circumstances of this case, we conclude that it does not, and reverse and remand for resentencing.

I

Moses Corona-Sanchez was born in Guadalajara, Mexico and lived there until…