Jorge Aguilera-Rios

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Charge:	Immigration Violation (Illegal entry)
Sentence:	1 year
Years Imprisoned:	1
Year Crime:	2011
Year Convicted:	2012
Year Cleared:	2014
U.S. State or Country of Crime:	California - Federal Case
County or Region of Crime:	San Diego
City of Crime:	San Diego
Result:	Judicially Exonerated
Summary of Case:	"Jorge Aguilera-Rios was wrongly convicted by a jury in 2012 of illegally entering the U.S. in 2011 in violation of a 2005 removal order. He was sentenced to time served and deported. On June 17, 2014 the U.S. Ninth Circuit Ct. of Appeals vacated Jorge Aguilera-Rios' conviction on the basis his prior removal order was invalid because it was based on a conviction under California Penal Code §12021(c)(1), which lacked an antique firearms exception and thus was not a categorical match for the federal firearms aggravated felony. Aguilera-Rios relied on Moncrieffe v. Holder, 133 S.Ct. 1678 (2013) that was decided after he filed his opening appeal brief. Consequenly his conviction of illegally entering the country had no legal basis because he had no underlying felony conviction."
Conviction Caused By:	The prior removal order underlying his conviction was invalid.
Innocence Proved By:	"On June 17, 2014 the U.S. Ninth Circuit Ct. of Appeals vacated Jorge Aguilera-Rios' conviction on the basis his prior removal order was invalid because it was based on a conviction under California Penal Code §12021(c)(1), which lacked an antique firearms exception and thus was not a categorical match for the federal firearms aggravated felony. Consequenly his conviction of illegally entering the country had no legal basis."
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Was Perpetrator Identified?
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Sex:	Male
Skin/Ethnicity:	Hispanic
Information Source 1:	"USA v. Jorge Aguilera-Rios, No. 12-50597 (9th Cir. 9-29-2014, amending opinion of 6-17-2014) (Vacating conviction on the basis the charged law wasn't violated.)"
Information Location 1:	http://www.federalcriminalappealsblog.com/United%20States%20v.%20Aguilera-Rios.pdf
Information Source 2:	"USA v. Jorge Aguilera-Rios, No. 12-50597 (9th Cir., 6-17-2014)"
Information Location 2:	http://www.federalcriminalappealsblog.com/United%20States%20v.%20Aguilera-Rios%2C%209.pdf
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Jorge Aguilera-Rios

Charge:

Immigration Violation (Illegal entry)

Sentence:

1 year

Years Imprisoned:

1

Year Crime:

2011

Year Convicted:

2012

Year Cleared:

2014

U.S. State or Country of Crime:

California - Federal Case

County or Region of Crime:

San Diego

City of Crime:

San Diego

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

The prior removal order underlying his conviction was invalid.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"USA v. Jorge Aguilera-Rios, No. 12-50597 (9th Cir. 9-29-2014, amending opinion of 6-17-2014) (Vacating conviction on the basis the charged law wasn't violated.)"

Information Location 1:

http://www.federalcriminalappealsblog.com/United%20States%20v.%20Aguilera-Rios.pdf

Information Source 2:

"USA v. Jorge Aguilera-Rios, No. 12-50597 (9th Cir., 6-17-2014)"

Information Location 2:

http://www.federalcriminalappealsblog.com/United%20States%20v.%20Aguilera-Rios%2C%209.pdf

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

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