UNITED STATES of America, Plaintiff-Appellant, v. Hector Rene GOMEZ-RODRIGUEZ, Defendant-Appellee , 77 F.3d 1150 ( 1996 )

GOODWIN, Circuit Judge,

dissenting:

I would like to concur in the opinion because I believe that it is a correct reading of the relevant statutes. However, I do not agree that this opinion can be squared with United States v. Ullyses-Salazar, 28 F.3d 932, 938 (9th Cir.1994). Whether United States v. Ullyses-Salazar was right or wrong in its expansion of the holding in United States v. Arzate-Nunez, 18 F.3d 730 (9th Cir.1994), (which construed the 1988 statute rather than the 1990 statute now before this court), Ullyses-Salazar is the law of the circuit and should be followed, until an en banc court considers the conflict which I believe exists, and decides which law the district courts should follow in these recurring cases of returning deportees with aggravated felony convictions acquired prior to November 29,1990.