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: Fifth Circuit Blog

California First-Degree Burglary is COV Under 18 U.S.C. § 16(b), and Therefore Aggravated Felony

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United States v. Echeverria-Gomez, No. 09-50261 (5th Cir. Dec. 8, 2010) (per curiam) (Jolly, Higginbotham, Smith) We know that burglary under Cal. Penal  Code § 459 is not generic "burglary" because it does not require that the entry be unlawful or unprivileged.  And for that reason, it does not trigger a 16-level COV enhancement under the illegal reentry guideline, §2L1.2.  But we also know

Full post as published by Fifth Circuit Blog on December 16, 2010 (boomark / email).

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