Perez-Tapia
United States v. Perez-Tapia
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…