United States Ninth Circuit

Enhanced sentencing of defendant for illegal reentry after deportation, 8 U.S.C. section 1326, is vacated where appellant's prior conviction for first-degree residential burglary, California Penal Code Section 459, does not qualify as a crime of violence under either the categorical or modified categorical approach because Navarro-Lopez’s missing element rule is not required by the Supreme Court’s modified categorical approach as articulated in Taylor.

Appellate Information

• Decided 08/11/2011
• Published 08/11/2011

Judges

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven F. Hubachek, Mark R. Rehe