United States v. Arnold Avellaneda

PER CURIAM: *

Arnold Avila Avellaneda appeals the sentence imposed following his guilty plea conviction for illegal reentry into the Unit ed States by a previously deported alien after an aggravated felony conviction. He argues that the district court plainly erred in imposing a 16-level crime of violence enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on his Texas conviction for burglary of a habitation with intent to commit theft. He contends that because his conviction falls under Texas’s unique “greater right to possession” theory, it does not constitute a generic burglary…