United States v. Rafael Albornoz-Albornoz

Rafael Albornoz-Albornoz appeals his sentence by challenging a sixteen-level enhancement for a crime of violence (“COV”). He maintains that his past conviction of attempted second-degree burglary does not qualify as a COV under U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 2L1.2(b)(l)(A)(ii) because New York’s burglary statute is broader than the generic crime of burglary of a dwelling under the sentencing guidelines. Specifically, he reasons that the term “dwelling” under New York law is more expansive than the common definition of that term. We conclude otherwise and affirm.

I

In 2011,…