United States v. Uribe

Defendant pled guilty for illegally reentering the Untied States after being deported. The district court applied a 16-level sentencing enhancement based on defendant's previous conviction of burglary of a habitation in Texas, Tex. Penal Code 30.02(a). Mathis v. United States applied the categorical approach to a state burglary statute that contained alternative means to satisfy one of its elements. In this case, because the predicate statute is elements-based, it is divisible and the modified categorical approach applies to determine which of the provisions of section 30.02(a) was the basis of defendant's conviction. In applying the modified categorical approach, defendant's conviction must be compared with the generic offense of burglary. Defendant confessed to knowingly entering the victim’s habitation with the intent to commit felony theft. The court concluded that this was sufficient to constitute a violation of section 30.02(a)(1), which aligns with the generic offense of burglary, and constitutes a “burglary of a dwelling” under the Sentencing Guidelines. Therefore, defendant's crime of violence enhancement was proper and the court affirmed the sentence. View "United States v. Uribe" on Justia Law