Reina-Rodriguez v. United States, No. 08-16676 (9th Cir. 2011)
Annotate this CaseDefendant appealed the district court's denial of his 28 U.S.C. 2255 motion to correct a federal sentencing enhancement imposed on account of his Utah conviction for burglarizing a "dwelling." At issue was whether the court's decision in United States v. Grisel had retroactive effect. The court concluded that Grisel did have retroactive effect where Grisel was a non-constitutional decision of substantive law. Under Grisel, defendant's burglary conviction did not qualify categorically as a predicate offense and the documents in the record were not sufficient to sustain the sentence under a modified categorical analysis. Accordingly, the court reversed the district court and remanded for resentencing on an open record.
The court issued a subsequent related opinion or order on September 13, 2011.
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