United States v. Jimenez-Alvarado

ORDER

The Memorandum Disposition previously filed on December 15, 2008, and appear*480ing in 303 Fed.Appx. 478, is withdrawn, and the Memorandum disposition filed with this Order is filed in its stead. The following amendment was made:

1. Following the paragraph ending on Page 6, line 1, insert the following additional paragraph:

Jimenez-Alvarado, however, argues that a 16-level enhancement is not supported under the modified categorical approach because his charging documents included rape committed by means of “fear of immediate and unlawful bodily injury,” which does not meet this circuit’s…