United States v. Madrid

LUCERO, Circuit Judge.

At issue is whether appellant Jonathan Madrid’s prior conviction for statutory rape in Texas qualifies as a crime of violence under the United States Sentencing Guidelines. Applying the familiar modified categorical approach, and in light of Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), we hold that it does not. Exercising jurisdiction under 28 U.S.C. § 1291, we vacate Madrid’s sentence and remand for resen-tencing.

I

In 2014, Madrid pled guilty to possession of methamphetamine with intent to distribute. A Presentence Investigation Report…