United States v. Samuel Navarro

MEMORANDUM

Defendant and appellant Samuel Navarro appeals his 51 month sentence for illegal reentry in violation of 8 U.S.C. § 1326 (a). Navarro argues that the district court erred when it concluded that Navarro’s 2004 conviction for second degree burglary in violation of Arizona Revised Statutes § 13-1507 met the definition of generic burglary of a dwelling and applied a 16-point sentencing enhancement under U.S.S.G. § 2L1.2 for committing a crime of violence based on this burglary conviction. We review de novo whether Navarro’s conviction qualifies as a crime of violence. See United States v. Grajeda, 581 F.3d 1186, 1188 (9th Cir.2009). We conclude that the district court erred in applying the 16-point enhancement. Accordingly, we reverse Navarro’s sentence and remand for re-sentencing.

A conviction under section 13-1507 does not qualify as generic burglary under either the categorical or’ modified categorical approach. Under the categorical ap proach, a court must “compare the elements of the statute forming the basis of the defendant’s conviction with the elements of the ‘generic’ crime — ie., the offense as commonly understood.” Descamps v. United States, — U.S.-, 133…