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 are merely
illustrative, since the mens rea and actus reus required for
solicitation are similar to those required for aiding and
abetting, conspiracy, and attempt, so 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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