United States v. Felix Uribe

EDITH H. JONES, Circuit Judge:

Felix Uribe pled guilty to violating 8 U.S.C. § 1326 for illegally reentering the United States after being deported. Because Uribe had previously been convicted of burglary of a habitation in Texas, see Tex. Penal Code § 30.02(a), his presen-tence report included, and the district court applied, a 16-level crime of violence enhancement to Uribe’s base offense level pursuant to the Sentencing Guidelines. U.S.S.G. § 2L.2(b)(l)(A)(ii). This court has previously held that Tex. Penal Code § 30.02(a)(1) defines a generic burglary of a dwelling within the scope of this…