United States v. Rafael Albornoz-Albornoz
2014 U.S. App. LEXIS 20978
| 5th Cir. | 2014Background
- Albornoz-Albornoz appeals a sixteen-level COV enhancement for a prior conviction.
- He was convicted in New York of attempted second-degree burglary, later deported, then apprehended on illegal reentry in the U.S.
- PSR: base level 8, criminal history III, -2 for acceptance, +16 for COV, final range 46–57 months after one-level reduction motion by government.
- District court denied objections, sentencing him to 46 months.
- Court reviews the district court’s application de novo and analyzes whether New York’s burglary statute is broader than the generic ‘burglary of a dwelling’.
- New York statute § 140.25 defines burglary in the second degree with a dwelling element; New York also defines ‘dwelling’ to include structures connected to habitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does NY second-degree burglary qualify as a COV under § 2L1.2(b)(1)(A)(ii)? | Albornoz-Albornoz argues NY burglary is broader than the generic dwelling burglary. | The government contends NY statute satisfies generic dwelling burglary as explained by Taylor and Guerrero-Navarro. | Yes; NY burglary aligns with the generic definition for purposes of COV. |
| Whether New York's dwelling definition broadens beyond the generic meaning. | Albornoz-Albornoz asserts broader NY interpretation expands the category. | State’s dwelling meaning is consistent with ordinary meaning including connected structures. | Not broader; ordinary meaning includes connected structures, matching generic definition. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (categorical approach to determining if state crime matches generic crime)
- Guerrero-Navarro, 737 F.3d 976 (5th Cir. 2013) (defines framework for evaluating state convictions as COVs)
- Murillo-Lopez, 444 F.3d 337 (5th Cir. 2006) (cites Taylor framework for COV analysis)
- Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007) (ensures no broader-than-generic application to sustain enhancement)
- Morales-Mota, 704 F.3d 410 (5th Cir. 2013) (supports unitary focus on dwelling-related analysis)
- People v. Rohena, 589 N.Y.S.2d 156 (App. Div. 1992) (illustrates NY interpretation of dwelling in mixed-use buildings)
- People v. McCray, 23 N.Y.3d 621 (2014) (holds dwelling definition includes parts of a building with direct access to habitation)