United States v. Merlin Marcia-Acosta

Merlin Marcia-Acosta was found guilty under 8 U.S.C. § 1326 of unlawful reentry into the United States. Sentences for that offense are governed by United States Sentencing Guideline § 2L1.2. The district court determined, using the modified categorical approach, that Marcia-Acosta’s pri- or state conviction for aggravated assault, in violation of Arizona Revised' Statutes §§ 13-1203 and 13-1204, was a “crime of violence” under that Guideline. See Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). In so determining, it relied upon a single statement by Marcia-Acosta’s defense attorney, during the state court plea colloquy, concerning the factual basis for Marcia-Acosta’s plea. The district court then applied the § 2L1.2(b)(l)(A)(ii) 16-level sentencing enhancement and imposed a sentence of 77 months in prison.

We hold that the district court’s application of the modified categorical approach contravened the principles underlying Descamps v. United States, — U.S.-, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013), and so vacate Marcia-Acosta’s sentence.

I.

Marcia-Acosta is a citizen of Honduras. He unlawfully entered the United States for the…