Defendant's argument on appeal--that his prior removal order was invalid under Moncrieffe v. Holder, 133 S. Ct. 1678 (2013), because it was based on conviction of a state weapons crime that was not a categorical match for a federal aggravated felony--was not waived where the removal was ordered prior to Moncrieffe. Court of appeals may retroactively consider Moncrieffe in evaluating whether defendant was removable as charged. Because California Penal Code Sec. 12021(c)(1) does not have an antique firearms exception, and California prosecutes offenses involving antique firearms, a conviction under that statute is not a categorical match for the federal aggravated felony firearms offense, and underlying removal order was invalid.
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