United States v. Martinez-Garcia,
268 F.3d 460 (7th Cir. Sept. 28, 2001), cert. denied, 122
S.Ct. 1111 (2002) (Illinois conviction of burglary of vehicle
with intent to commit theft constituted "attempt,"
under INA § 101(a)(43)(U), 8 U.S.C. 1101(a)(43)(U), to commit
a "theft offense" under INA § 101(a)(43)(G), 8 U.S.C.
§ 1101(a)(43)(G) for purposes of enhancing under U.S.S.G.
§ 2L1.2(b)(1)(A) an illegal re-entry sentence, since conduct
admitted by defendant in plea was sufficient; since neither
plea nor charging document encompassed an admission or charge
that he completed act of taking property from vehicle, the
offense was aggravated felony attempt).

jurisdiction: 
Seventh Circuit

 

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