United States Ninth Circuit

Burglary of a dwelling under Utah law categorically fits the Sentencing Guidelines' definition of "burglary of a dwelling." A fifty-one month sentence for illegal reentry after deportation is affirmed over claims that: 1) application of a sixteen-level enhancement under the sentencing guidelines for a prior Utah conviction for burglarly was erroneous; and 2) the sentence was unreasonable because it improperly considered, as a factor, that he did not plead guilty pursuant to a plea agreement.

Appellate Information

• Argued 06/12/2006
• Decided 11/15/2006
• Published 11/15/2006

Judges

• Before HUG, and O'SCANNLAIN, Circuit Judges, and BENITEZ, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Christopher R. Kilburn and Brian I. Rademacher, Assistant Federal Public Defenders, Tucson, AZ, for the defendant-appellant., Elizabeth Berenguer, Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.