CA9 on Moncrieff, Categorical Match: USA v. Aguilera-Rios

"Jorge Aguilera-Rios (“Aguilera”), a citizen of Mexico, was convicted of a California firearms offense, removed from the United States on the basis of that conviction, and, when he returned to the country, tried and convicted of illegal reentry under 8 U.S.C. § 1326. He contends that his prior removal order was invalid because his conviction under California Penal Code § 12021(c)(1) was not a categorical match for the federal firearms aggravated felony. We agree that he was not originally removable as charged, and so could not be convicted of illegal reentry. We therefore reverse the judgment of conviction." - USA v. Aguilera-Rios, June 17, 2014.  [Another victory for Kara Hartzler!]