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Prior Illegal Reentry Was Aggravated Felony Where Judgment Listed § 1326(b)(2) as Statute of Conviction

United States v. Gamboa-Garcia, No. 09-50513 (5th Cir. Sept. 21, 2010) (Jones, Prado, Ozerden, D.J.) One part of the "aggravated felony" definition doesn't get a lot of attention, perhaps because it seems superfluous. We're talking, of course, about 8 U.S.C. § 1101(a)(43)(O), which includes as an aggravated felony "an offense described in section 1325(a) or 1326 of this title committed by an

Full post as published by Fifth Circuit Blog on September 23, 2010 (boomark / email).