United States v. Venzor-Granillo
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
I. Introduction
Abram Venzor-Granillo appeals the district court’s application of an eight-level sentence enhancement under U.S.S.G. § 2L1.2(b)(l)(C). He argues the district court erred by using the modified categorical approach to conclude his prior Colorado conviction for first degree criminal trespass was a theft offense, warranting the enhancement. The district court properly applied the modified categorical approach because the Colorado statute under which Venzor-Granillo was convicted is ambiguous: it reaches a broad range of conduct, some of which merits the…
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