United States v. Merlin Marcia-Acosta

OPINION

BERZON, Circuit Judge:

Merlin Marcia-Acosta was found guilty under 8 U.S.C. § 1326 of unlawful reentry into the United States. Sentences for that offense are governed by United States Sentencing Guideline § 2L1.2. The district court determined, using the modified categorical approach, that Marcia-Acosta’s pri- or state conviction for aggravated assault, in violation of Arizona Revised' Statutes §§ 13-1203 and 13-1204, was a “crime of violence” under that Guideline. See Taylor v. United States, 495 U.S. 575, 602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). In so determining, it relied upon a…