United States v. Martinez-Martinez, ___ F.3d ___ (9th Cir. Nov. 14, 2006) (Arizona conviction of discharging firearm at a residence, in violation of A.R.S. 13-1211, did not categorically constitute a crime of violence for purposes imposing a 16-level sentence enhancement for illegal reentry, under USSG 2L1.2(b)(1)(A)(ii), because the statute of conviction encompassed any structure capable of being occupied as a residence, even though it was not presently so occupied), distinguishing United States v. Cortez-Arizs, 403 F.3d 1111 (9th Cir. 2005) (California conviction of discharging a firearm at an "inhabited dwelling house," one "currently being used for dwelling purposes, whether occupied or not," in violation of Penal Code 246, constituted a crime of violence for purposes imposing a 16-level sentence enhancement for illegal reentry, under USSG 2L1.2(b)(1)(A)(ii)). http://caselaw.lp.findlaw.com/data2/circs/9th/0610015p.pdf