Does an aggravated felony conviction prior to deportation need to be a necessary element of the crime charged under section 1326(b)(2)?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gomez-Rodriguez, 96 F.3d 1262 (9th Cir. 1996):
We have held that an aggravated felony conviction prior to deportation is a necessary element of a crime charged under section 1326(b)(2). United States v. Gonzalez-Medina, 976 F.2d 570, 572-73 (9th Cir.1992). The district court properly dismissed the indictment because of the absence of that element of the crime charged.
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