Madrid-Cuen
United States v. Madrid-Cuen
Opinion
Opinion
MEMORANDUM
Defendant Jesus Madrid-Cuen pleaded guilty to unlawful reentry in violation of 8 U.S.C. § 1326 (a). The district court sentenced him to a term of 63 months’ imprisonment after applying a 16-level enhancement for a prior conviction of a “crime of violence.” Following Defendant’s timely appeal, we held that imposition of the enhancement was plain error because the California burglary statute under which Defendant was convicted was broader than the “generic” federal equivalent and “there were no judieially-noticeable documents relied upon by the district court that established a crime of violence under [U.S.S.G.] § 2L1.2(b)(l)(A).” United States v. Madrid-Cuen (Madrid I), 201 Fed.Appx. 572, 573 (9th Cir.2006) (unpublished decision).
On remand, the district court conducted a second sentencing hearing and imposed the same sentence in reliance on additional documents. The district court held that those documents supported the 16-level enhancement. We disagreed and again remanded the ease to the district court for a new sentencing proceeding. United States v. Madrid-Cuen (Madrid II), 244 Fed.Appx. 119, 120 (9th Cir.2007) (unpublished decision).