United States v. Heron-Salinas

OPINION

Juan Heron-Salinas appeals the district court’s denial of his motion to dismiss his indictment for attempted entry into the United States after deportation, in violation of 8 U.S.C. § 1326. Heron-Salinas claims that his underlying deportation was invalid under 8 U.S.C. § 1326(d) because his conviction for assault with a firearm under California Penal Code section 245(a)(2) is not a “crime of violence,” as that term is defined in 18 U.S.C. § 16.

We have previously held that aiding and abetting assault with a deadly weapon in violation of California Penal Code section 245(a)(1) is…