Opinion by Judge THOMAS; Partial Concurrence and Partial Dissent by Judge RYMER; Dissent by Judge KOZINSKI. THOMAS, Circuit Judge. This appeal presents the question of whether.a California state conviction for the petty theft of cigarettes and beer constitutes an aggravated felony under 8 U.S.C. § 1101 (a)(4S)(G) and therefore justifies increasing a sentence for unl…
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