United States v. Alejandro Salgado-Urias

ORDER

Salgado-Urias’s petition for panel rehearing is GRANTED. The memorandum disposition filed June 19, 2013 is WITHDRAWN. A replacement memorandum disposition is being filed along with this order. This order does not prevent a subsequent petition for rehearing based on the new memorandum disposition.

MEMORANDUM

Alejandro Salgado-Urias appeals his 46-month sentence for illegal reentry after having previously been deported. 8 U.S.C. § 1326 (a). The district court concluded that solicitation to possess marijuana for sale under Arizona Revised Statute §§ 13-1002 and 13-3405(A) is categorically a “drug trafficking offense” within the meaning of United States Sentencing Guidelines Manual § 2L1.2(b)(l)(A). Salgado-Urias’s offense level was therefore subject to a 16-level enhancement. Id. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate Salgado-Urias’s sentence and remand for application of the modified categorical approach.

1.Assuming without deciding that common-law solicitation fits within Application Note 5, we must decide whether Arizona applies its solicitation law more broadly than generic, common-law solicitation. See United States v. Shumate, 329 F.3d 1026 ,…