United States v. Jose Reyes-Ochoa

LESLIE H. SOUTHWICK, Circuit Judge:

Defendant Jose Darwin Reyes-Ochoa appeals his 41-month within-Guidelines sentence imposed following his guilty-plea conviction and sentence for illegal reentry after deportation. He contends, for the first time on appeal, that the district court committed reversible plain error by imposing a 16-level “crime of violence” Guidelines enhancement based on his prior Virginia convictions for statutory burglary. In light of Mathis v. United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), we agree the court plainly erred and exercise our discretion to…