United States v. Ruben Sahagun-Gallegos

OPINION

CHRISTEN, Circuit Judge:

We consider in this case whether, consistent with Descamps v. United States, — U.S. -, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013),. a sentencing court conducting the modified categorical approach may rely on a defense attorney’s statement of the factual basis for a guilty plea and use the process of elimination to determine which subsection of a divisible statute the defendant pleaded guilty to violating. We conclude that it may not, and we vacate and remand for resentencing.

BACKGROUND

Ruben Sahagun-Gallegos was deported to Mexico in 2006. He returned to the United…