United States v. Villanueva-Gaxiola,
119 F.Supp.2d 1185 (D.Kan. Sept. 26, 2000) (California conviction
for unlawful possession of short-barreled shotgun, in violation
of California Penal Code § 12020, was not an aggravated felony
under INA § 101(a)(43)(E)(iii), 8 U.S.C. 1101(a)(43)(E)(iii)
as an offense described in 26 U.S.C. § 5861 or 18 U.S.C.
922(g)(5) for illegal re-entry sentencing purposes, since
the elements of the state offense allow conviction for conduct
which would not constitute the listed federal offense), following
United States v. Sandoval-Barajas, 206 F.3d 853 (9th Cir.
Mar. 13, 2000).