United States v. Margarito Flores-Cordero

The issue in this sentencing appeal is whether the defendant’s prior Arizona con viction for resisting arrest is a “crime of violence” that authorized a sixteen-level increase to the base offense level under United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2. On the basis of decisions of the Arizona courts that we must follow in ascertaining the scope of the Arizona criminal statute, we hold that the prior conviction was not categorically a crime of violence and therefore vacate the sentence and remand for resentencing.

BACKGROUND

Defendant-Appellant Margarito FloresCordero pled guilty to illegal reentry in violation of 8 U.S.C. § 1326 under an agreement providing that the government could withdraw in the event that the presentence report reflected a prior conviction of a crime of violence. The presentenee report showed that Flores-Cordero had a prior conviction for “resisting arrest” in violation of Ariz.Rev.Stat. § 13-2508. The district court held that this conviction was for a crime of violence and relied on this court’s decision in Estradar-Rodriguez v. Mukasey, 512 F.3d 517 (9th Cir.2007), an immigration case in which we held that the violation of the Arizona…