United States v. Mario Avila

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge KING and Judge SHEDD joined.

AGEE, Circuit Judge:

Mario Vasquez Avila (“Avila”) appeals the thirty-seven month sentence he received after pleading guilty to illegal reentry in violation of 8 U.S.C. § 1326(a). On appeal, Avila does not challenge his conviction, but argues the district court committed reversible error at sentencing by concluding that his prior conviction for first-degree burglary under California Penal Code §§ 459 and 460(a) qualified for an eight-level sentencing enhancement. Avila further argues that…