United States v. Garcia-Martinez, No. 14-15725 (11th Cir. 2017)
Annotate this CaseDefendant appealed his sentence of 36 months in prison after pleading guilty to illegal reentry after deportation. The district court applied a sixteen-level sentencing enhancement under USSG 2L1.2(b)(1)(A)(ii) for reentering the United States after having been deported for a “crime of violence.” The court held that Florida’s inclusion of curtilage in its definition of dwelling makes its burglary of a dwelling offense non-generic. The court further concluded that the district court erred in applying the modified categorical approach to determine that defendant's Florida conviction for second degree burglary of a dwelling is a crime of violence. Accordingly, the court vacated and remanded for resentencing.
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