United States v. Cesar Bernel-Aveja

PRISCILLA RICHMAN OWEN, Circuit Judge:

Cesar Bernel-Aveja was convicted under 8 U.S.C. § 1326(a) and (b)(2) of illegal reentry after deportation and appeals his sentence. He contends that his prior 1996 Ohio conviction for burglary does not qualify as “burglary of a dwelling,” a specifically enumerated “crime of violence” under United States Sentencing Guideline § 2L1.2,1 and therefore that the district court erred in applying a 12-level sentence enhancement. We vacate his sentence and remand for resentencing.

I

Bernel-Aveja pleaded guilty without a plea agreement to illegal reentry after de*208porta…