United States v. Ernesto Ibarra-Galindo
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge O’SCANNLAIN; Dissent by Judge CANBY.
O’SCANNLAIN, Circuit Judge:
We must decide whether a state felony drug crime, which would not be a felony under federal law, nevertheless may constitute an “aggravated felony” for purposes of enhancing a sentence for illegally reentering the United States.
I
Ernesto Ibarra-Galindo, a native and citizen of Mexico, appeals the district court’s decision to apply, pursuant to United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2(b)(l)(A), a sixteen-level enhancement to his sentence for illegally reentering the United States after having been…
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