United States v. Rodriguez-Rodriguez, 393 F.3d 849 (9th Cir. Jan. 5, 2005) (California burglary conviction under the modified categorical analysis included the unlawful entry requirement absent in California's statutory definition of burglary, since the defendant pleaded guilty to the unlawful entry language of the charge, so the conviction met the definition of "burglary of a dwelling" under Taylor and is, therefore, a "crime of violence" under the Sentencing Guidelines, U.S.S.G. 2L1.2, cmt. n. 1(B)(iii)), citing Velasco-Medina, 305 F.3d at 852-52 (holding that a California burglary conviction was burglary under a modified-categorical approach because Velasco-Medina pled guilty where the indictment alleged "unlawful" entry).

jurisdiction: 
Ninth Circuit

 

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