United States v. Reyes-Ochoa, No. 15-41270 (5th Cir. 2017)
Annotate this CaseThe Fifth Circuit vacated and remanded defendant's 41 month sentence for illegal reentry after deportation. The court held that the district court plainly erred by imposing a 16-level "crime of violence" enhancement based on defendant's prior Virginia convictions for statutory burglary. In light of Mathis v. United States, 136 S. Ct. 2243 (2016), Virginia Code Section 18.2-90 is an indivisible statute that sweeps broader than generic "burglary of a dwelling."
The court issued a subsequent related opinion or order on July 5, 2017.
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