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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