Legal Opinion

United States v. Castillo-Rivera

Court of Appeals for the Ninth Circuit

Decided March 26, 2001No. 00-50046PublishedCited by 154 opinions

1Opinion of the Court

TASHIMA, Circuit Judge:

Jose de Jesus Castillo-Rivera (“Castillo”), a Mexican citizen who pled guilty to illegal reentry after deportation in violation of 8 U.S.C. § .1326, appeals the sentence enhancement for removal subsequent to conviction for an aggravated felony. Castillo contends that his prior state conviction for violating California Penal Code (“CPC”) § 12021(a) as a felon in possession of a firearm does not constitute an aggravated felony under 8 U.S.C. § 1101(a)(43)(E), because it is not “an offense described in” 18 U.S.C. § 922(g)(1), the federal felon in possession statute. The…

2Cases cited14 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. United States v. LopezSupreme Court of the United States · 1995
  5. Scarborough v. United StatesSupreme Court of the United States · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by154 opinions

  1. Enrique Cuevas-Gaspar v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  2. Luna Torres v. LynchSupreme Court of the United States · 2016
  3. United States v. Salazar-LopezCourt of Appeals for the Ninth Circuit · 2007
  4. Juan Larin-Ulloa v. Alberto Gonzales, United States Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
  5. Quintero-Salazar v. KeislerCourt of Appeals for the Ninth Circuit · 2007

149 more not listed; retrieve them via the Exa API.

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