United States v. Mendez-Henriquez, No. 15-41551 (5th Cir. 2017)
Annotate this CaseAfter defendant was convicted of illegal reentry after removal, the district court applied a sixteen-level sentencing enhancement under USSG 2L1.2, based on his 2008 conviction of maliciously and willfully discharging a firearm at an occupied motor vehicle in violation of California Penal Code 246. The court concluded that, under the modified categorical approach, the California conviction has as an element, the use, attempted use, or threatened use of physical force against the person of another, and thus his predicate offense is a crime of violence. Consequently, the district court did not err in applying the enhancement and the court affirmed the judgment.
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