United States v. Martin Vega-Ortiz
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
RAWLINSON, Circuit Judge:
Petitioner Martin Vega-Ortiz (Vega-Ortiz) appeals the district court’s denial of his motion to dismiss an information charging him with being found in the United States after removal, in violation of 8 U.S.C. § 1326. Vega-Ortiz contends that his underlying deportation was invalid because his prior conviction for possession for sale of a controlled substance in violation of California Health & Safety Code § 11378 was not an aggravated felony. This Court’s recent precedent forecloses Vega-Ortiz’s claim.
I. BACKGROUND
In 2010, Vega-Ortiz pled guilty to possession…
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