United States v. Angel Vasquez-Salguero

429 F. App'x 635

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 21, 2011
• Docket: 08-10377
• Status: Unpublished

Opinion

MEMORANDUM **

Angel Danilo Vasquez-Salguero appeals the district court’s application of a sixteen-level enhancement to his sentence for illegal reentry after deportation. The district court concluded, without analysis, that Vasquez-Salguero’s prior burglary conviction under Arizona Revised Statutes § 13-1507 qualified as a crime of violence.

We have previously held that Arizona burglary does not categorically match the generic federal definition. See United States v. Bonat, 106 F.3d 1472, 1475-76 (9th Cir.1997). Therefore, whether the appellant’s prior conviction qualifies as a crime of violence depends upon application of the modified categorical approach described in Taylor v. United States, 495 U.S. 575, 602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). The district court’s failure to conduct this analysis was plain error. Therefore, we reverse and remand for re-sentencing on an open record pursuant to United States v. Matthews, 278 F.3d 880, 889 (9th Cir.2002)(en banc).

REVERSED AND REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.