Madrid-Cuen

MEMORANDUM *

Jesus Madrid-Cuen appeals his 63-month sentence, reimposed following this court’s remand, for his conviction of unlawful reentry in violation of 8 U.S.C. § 1326 (a). Because the parties are aware of the facts of this case, we do not recount them here. We vacate and remand for resentencing.

Under the modified categorical approach of Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990), the sentencing court is generally permitted to consider an appropriate charging document together with an abstract of judgment to prove that a prior conviction qualifies as a burglary of a dwelling for purposes of the 16-level sentencing enhancement under U.S.S.G. § 2L1.2(b)(l)(A) for a crime of violence. See United States v. Velasco-Medina, 305 F.3d 839, 852 (9th Cir.2002).

The complaint filed in the municipal court against Madrid-Cuen is insufficient to prove a prior conviction for burglary of a dwelling under the modified categorical approach. In general, a court may rely on a complaint as a charging document under Taylor's modified categorical approach. See United States v. Espinoza-Cano, 456 F.3d 1126 (9th Cir.2006). In this case, however, a document…