United States v. Velasco-Medina, 305 F.3d 839 (9th Cir. Aug.
12, 2002) (California conviction of second-degree burglary,
in violation of California Penal Code § 459, was an aggravated
felony under INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G),
for purposes of imposition of a sixteen-level sentencing enhancement
under U.S.S.G. § 2L1.2(b)(1)(A) for illegal re-entry conviction,
even though the state statute was far broader than the Taylor
federal definition of burglary, since the charging paper and
judgment established the elements of the federal definition).
jurisdiction:
Ninth Circuit