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. 1155 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 held that because its decision in Grisel was a non-constitutional decision of substantive law, it applied retroactively. Under Grisel, defendant's burglary conviction did not qualify categorically as a predicate offense. All but two of the documents tendered for the courts consideration in the modified categorical approach did not qualify as judicially noticeable documents under Shepard v. United States. The two remaining documents required re-examination through the lens of Grisel and its progeny. Accordingly, the court reversed and remanded.
This opinion or order relates to an opinion or order originally issued on June 22, 2011.
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