Guerrero-Velasquez

I. BACKGROUND

Guerrero-Velasquez was charged with being an alien in the United States after deportation in violation of 8 U.S.C. § 1326. He pled guilty on September 28, 2004. The United States Probation office submitted a presentence investigation report, and the government objected to the report’s treatment of Guerrero-Velasquez’s previous conviction for second- degree burglary in Washington. Specifically, the government argued that under § 2L1.2(b)(1)(A)(ii) of the United States Sentencing Guidelines, the report should have imposed “a 16- level specific offense characteristic enhancement for the Defendant’s prior crime of violence conviction.” UNITED STATES v. GUERRERO-VELASQUEZ 777 Applying Taylor, the district court found that second- degree burglary was not categorically a crime of violence under Washington state law. The court then applied Taylor’s modified categorical approach; after conducting a limited fac- tual inquiry into Guerrero-Velasquez’s criminal history, the court found that the government had not submitted any evi- dence from which the court could conclude that he had been convicted of a crime of violence. It therefore rejected the gov-…