United States v. Cornelio-Pena,
435 F.3d 1279 (10th Cir. Jan. 30, 2006) (Arizona conviction
of solicitation to commit second-degree burglary of a dwelling,
in violation of Ariz. Rev. Stat. § 13-1002, 1507, is a crime
of violence under U.S.S.G. § 2L1.2(b)(1)(A)(ii), justifying
a 16-level sentence enhancement for illegal re-entry, even
though the Guidelines do not expressly list solicitation where
they "include" "aiding and abetting, conspiring,
and attempting, to commit such offenses." U.S.S.G. §
2L1 .2 cmt. application n.5, because "include" is
non-exhaustive and the examples expressly listed merely illustrative;
since the mens rea and actus reus required for solicitation
are similar to those required for aiding and abetting, conspiracy,
and attempt, solicitation is sufficiently similar to the offenses
listed in the application note to be encompassed by the note).