United States v. Bernel-Aveja, No. 15-20308 (5th Cir. 2016)Annotate this Case
Cesar Bernel-Aveja was convicted of illegal reentry after deportation and appealed his sentence. He argued that his prior 1996 Ohio conviction for burglary did not qualify as "burglary of a dwelling," a specifically enumerated "crime of violence" under United States Sentencing Guideline 2L1.2,1 and therefore that the district court erred in applying a 12-level sentence enhancement. The Fifth Circuit found that Ohio offense for which Bernel-Aveja was convicted could have consisted of unlawful entry with the intent to commit a crime on the premises formed after that unlawful entry. This offense did not come within the "generic" definition of burglary as the Court articulated that definition in the applicable caselaw. Accordingly, the Court vacated the sentence and remanded for resentencing.