UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT JAN 29 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 19-50207 Plaintiff-Appellee, D.C. No. 3:19-cr-00419-LAB-1 v. ORDER AMENDING WALTER J. REYES, AKA Walter Joel MEMORANDUM Reyes-Trochez, DISPOSITION and DENYING PETITION FOR REHEARING Defendant-Appellant. Before: BERZON and COLLINS, Circuit Judges, and KATZMANN,** Judge. The panel has voted unanimously to amend the memorandum disposition filed in this case on December 4, 2020 by replacing the first full paragraph on page 2 with the following revised paragraph: 1. Sufficiency of the Evidence. A prior conviction under 8 U.S.C. § 1325 is a necessary predicate offense for a conviction for felony attempted illegal re-entry under 8 U.S.C. § 1325. Reyes had such a conviction from the District of Arizona in 2012. To prove that prior conviction, the Government introduced into evidence heavily ** The Honorable Gary S. Katzmann, Judge for the United States Court of International Trade, sitting by designation. redacted versions of certified copies of the docket sheet and plea agreement from the 2012 District of Arizona case. The amended memorandum disposition, together with Judge Collins’s partial dissent (which is unaffected by this amendment), is attached hereto. With this amendment, the panel votes to deny the petition for rehearing. 2 NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 29 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50207 Plaintiff-Appellee, D.C. No. 3:19-cr-00419-LAB-1 v. WALTER J. REYES, AKA Walter Joel AMENDED MEMORANDUM* Reyes-Trochez, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, Chief District Judge, Presiding Argued and Submitted July 7, 2020 Pasadena, California Before: BERZON and COLLINS, Circuit Judges, and KATZMANN,** Judge. Partial Concurrence and Partial Dissent by Judge COLLINS Following a jury trial, Defendant Walter J. Reyes appeals his conviction and sentence for illegal entry into the United States, in violation of 8 U.S.C. § 1325. We * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Gary S. Katzmann, Judge for the United States Court of International Trade, sitting by designation. affirm the conviction but vacate the imposition of supervised release and remand for resentencing. 1. Sufficiency of the Evidence. A prior conviction under 8 U.S.C. § 1325 is a necessary predicate offense for a conviction for felony attempted illegal re-entry under 8 U.S.C. § 1325. Reyes had such a conviction from the District of Arizona in 2012. To prove that prior conviction, the Government introduced into evidence heavily redacted versions of certified copies of the docket sheet and plea agreement from the 2012 District of Arizona case. The docket sheet includes the following: (1) under the “Complaints” subheading at the top of the docket sheet, “8:1325 Illegal Entry” is listed; (2) the first unnumbered docket entry records the arrest of Walter Joel Reyes-Trochez; (3) after several redacted entries, the fourth numbered ...
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