Cruz-Serrano

MEMORANDUM *

Cruz-Serrano appeals the sentence imposed upon him following his plea of guilty to a violation of 8 U.S.C. § 1326 .

I

The district court did not err in enhancing the sentence on the basis of Cruz-Serrano’s plea of nolo contendere to attempted residential burglary in violation of Wash. Rev.Code §§ 9A.52.025(1) (residential burglary) and 9A.28.020 (attempt). Under the United States Sentencing Guidelines, a defendant’s offense level is enhanced 16 levels if he were deported or unlawfully remained in the United States after a conviction for a felony “crime of violence.” U.S.S.G. § 2L1.2(b)(1)(A)(ii). A “crime of violence” is “an offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another,” and includes “burglary of a dwelling.” U.S.S.G. § 2L1.2, cmt. app. n. 1(B)(iii).

The district court properly concluded that Wash. Rev.Code § 9A.52.025(1) did not qualify categorically as a “crime of violence” pursuant to the analysis set forth in Taylor v. United States, 495 U.S. 575 , 600—02, 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990) because the statute encompasses conduct not included in…