88 F. App'x 198

UNITED STATES of America, Plaintiff—Appellee, v. Julio DIAZ-VALENZUELA, Defendant—Appellant.

No. 03-50116.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 5, 2004.*

Decided Feb. 18, 2004.

Matthew L. Olmsted, Steven E. Stone, AUSA, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Gary P. Bureham, San Diego, CA, for Defendant-Appellant.

Before: KOZINSKI, O’SCANNLAIN, and SILVERMAN, Circuit Judges.

MEMORANDUM **

The defendant’s first degree residential burglary conviction pursuant to California Penal Code § 459 was a crime of violence under USSG § 2L1.2(b)(l)(A)(ii)(2001). Applying the modified categorical approach of Taylor v. United States, 495 U.S. 575, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990), the documents before the district court established that Diaz-Valenzuela pled guilty to a crime that contained the Taylor elements of generic burglary and the dwelling requirement of USSG § 2L 1.2(b)(1), cmt. n. l(B)(ii)(II). See Velasco-Medina, 305 F.3d 839, 852 (9th Cir.2002).

In addition, the government was not required to prove that the defendant was not convicted of aiding and abetting. Aiding- and-abetting offenses are specifically included as § 2L1.2(b)(l) offenses. USSG § 2L1.2, cmt. n. 4. Cf. United States v. Wenner, 351 F.3d 969, 976 (9th Cir.2003). In any case, nothing in the record indicates that the offense was an aiding-and-abetting offense.

AFFIRMED.

United States v. Diaz-Valenzuela
88 F. App'x 198

Case Details

Name
United States v. Diaz-Valenzuela
Decision Date
Feb 18, 2004
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88 F. App'x 198

Jurisdiction
United States

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