United States v. Cornelio-Pena

MURPHY, Circuit Judge.

I. Introduction

Defendant-Appellant Raul Cornelio-Pena was convicted in the United States District Court for the District of Kansas of illegal reentry following deportation. The district court sentenced him to fifty-seven months’ custody, based in part on a sixteen-level enhancement for prior deportation after a conviction for a felony crime of violence. The district court reasoned that solicitation to commit burglary of a dwelling is a crime of violence under U.S. Sentencing Guidelines Manual § 2L1.2(b)(i)(A)(ii) (2003) (“USSG” , or “Guidelines”). The district court also…