Perez-Tapia

United States v. Perez-Tapia

Good Law
241 F. App'x 416
United States Court of Appeals for the Ninth CircuitJuly 19, 2007No. 06-50139California512 words

Opinion

Lead Opinion

MEMORANDUM ***

Javier Perez-Tapia appeals his sentence following a guilty plea for attempted reentry after deportation, in violation of 8 U.S.C. § 1326 . We affirm.

Perez’s California state arson conviction was a “crime of violence” for purposes of applying the 16-level sentencing enhancement in U.S.S.G. § 2L1.2(b)(l)(A)(ii). The Guideline Commentary Notes specifically list “arson” as one of the crimes of violence that trigger the 16-level enhancement. See U.S.S.G. § 2L1.2, cmt. n. l(B)(iii). Perez’s arson conviction triggers the enhancement as *418 long as the statute under which he was convicted substantially corresponds to the generic definition of arson. See Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990).

The California arson statute substantially corresponds to generic arson. Generic arson is defined as “a willful and malicious burning of property.” United States v. Velasquez-Reyes, 427 F.3d 1227, 1230 (9th Cir.2005). The California arson statute provides that “A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any…

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