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U.S. v. AVILA

No. 13-4606.

770 F.3d 1100 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Vasquez AVILA, a/k/a Mario Sanchez, a/k/a Mario Vasquez, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 4, 2014.

Attorney(s) appearing for the Case

ARGUED: Michael E. Archenbronn , Winston-Salem, North Carolina, for Appellant.

William Michael Miller , Office of the United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Anne M. Tompkins , United States Attorney, Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

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...

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