United States v. Hernandez-Mejia

MEMORANDUM **

Eduardo Hernandez-Mejia appeals his conviction for unlawful re-entry to the United States by a deported alien in violation of 8 U.S.C. § 1326 by collaterally attacking his initial deportation for being an aggravated felon. At issue is whether Hernandez-Mejia’s conviction under Cal. Pen. Code § 496(a) is categorically an aggravated felony. See Taylor v. United States, 495 U.S. 575, 602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990).1

*682Because § 496(a) necessarily requires that the government prove all of the generically defined elements of a “theft offense (including receipt of stolen…