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).

jurisdiction: 
Tenth Circuit

 

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