Rosales-Martinez

MEMORANDUM

Pedro Rosales-Martinez appeals from the 65-month sentence imposed following his bench-trial conviction for attempted illegal reentry after deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm without prejudice to an application by Rosales-Martinez to the district court to vacate his sentence and resentence him consistent with this decision.

Rosales-Martinez contends that the district court committed plain error when it imposed a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on his conviction for attempted second-degree burglary in violation of Arizona Revised Statutes § 13-1507.

Rosales-Martinez’s conviction is not categorically a crime of violence under U.S.S.G. § 2L 1.2(b)(1)(A)(ii). See United States v. Bonat, 106 F.3d 1472, 1475 (9th Cir.1997) (“Arizona courts have expanded the [burglary] statute beyond generic burglary because they have interpreted the statute to allow a conviction even if the intent to commit the crime was formed after entering the structure and/or the entry was privileged.”).

The district court plainly erred in applying the 16-level enhancement, because the…