United States v. Gonzalez-Corn, No. 13-50480 (Fisher with Bea and Friedland) --- The Ninth Circuit affirmed a jury-trial conviction for illegal reentry, holding that the trial judge properly instructed the jury that it could find the alienage element of the charge based on a combination of a prior removal order and the defendant's previous admissions that he was an alien. The court also held that a conviction for distribution of marijuana under 21 U.S.C. § 841(a) and (b)(1)(D) was an aggravated felony.
The decision is here: