Sanchez-Rodriguez

MEMORANDUM **

Fernando Sanehez-Rodriguez, an alien convicted of illegal re-entry, 8 U.S.C. *906 § 1326 , appeals his forty-one-month sentence, contending that the district court erred in applying a sixteen-point sentencing enhancement under U.S.S.G. § 2L1.2(a)(l)(A) for a “crime of violence.”

Sanchez-Rodriguez failed to argue to the district court, either in his written objections to the Presentence Report or at his sentencing hearing, that he was entitled to the modified categorical approach developed in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), and Ye v. INS, 214 F.3d 1128, 1134 (9th Cir.2000). We therefore review his challenge under plain error analysis. See United States v. Sandoval-Venegas, 292 F.3d 1101, 1109 (9th Cir.2002).

The court looks to the modified categorical approach when a sentencing enhancement cannot be justified solely by the statutory definition of a defendant’s prior crime of conviction. Id. at 1106 . Under the modified categorical approach, the court examines “documentation or judicially noticeable facts that clearly establish that the conviction is a predicate conviction for enhancement purposes.” Id. Such facts…