United States v. Alvarez-Martinez, 286
F.3d 470 (7th Cir. Apr. 12, 2002) (Illinois burglary conviction,
in violation of 720 ILCS § 5/19-1(a), was a crime of violence
under 18 U.S.C. § 16(b), and thus an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of sentence enhancement under U.S.S.G. § 2L1.2 for unlawful
re-entry, even though the statute was divisible, since defendants
acquiescence to the pre-sentence report amounted to implied
stipulation that he broke into vehicle, thus using force against
property).

jurisdiction: 
Seventh Circuit

 

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