United States v. Samuel Conde-Castaneda, 2014 U.S. App. LEXIS 9833

Conde-Castaneda appeals a sentence enhanced for a prior Texas burglary conviction under §2L1.2(b)(1)(A)(ii) as a crime of violence.
The predicate offense was a Texas §30.02(a) burglary; the district court applied a 16-level enhancement based on that conviction.
The district court relied on the judgment attached to the predicate and the written judicial confession to determine the basis of the conviction.
The question is whether the Texas §30.02(a) burglary qualifies as a burglary of a dwelling under the Guidelines.
The court applies the modified categorical approach (via Shepard documents) because §30.02(a) is divisible, with §30.02(a)(1) requiring entry with intent to commit a felony and §30.02(a)(3) lacking that specific intent.
The court ultimately holds that the defendant’s judicial confession establishes §30.02(a)(1)—and thus a burglary of a dwelling—making the enhancement proper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court can use outside documents to determine a predicate crime of violence.	Conde argues the district court relied only on the PSR.	The government argues the court properly consulted the judgment and Shepard documents.	Yes; outside documents may be consulted.
Whether §30.02(a) burglary is a burglary of a dwelling under the Guidelines.	Conde asserts a categorical approach should apply, possibly excluding §30.02(a)(1).	Government argues modified categorical approach governs due to divisibility.	Modified categorical approach applies; §30.02(a)(1) qualifies.
Whether the modified categorical approach applies to this predicate.	Conde supports pure categorical approach per Chambers.	Descamps supports applying modified approach where statute is divisible.	Modified categorical approach applies.
Whether a template judicial confession suffices to establish the specific §30.02(a) subpart underlying the conviction.	Conde relies on Espinoza to limit confession's probative value.	Garcia-Arellano controls; template confession can establish the offense.	Template confession adequately establishes §30.02(a)(1).
Whether the record shows the predicate was a crime of violence for the §2L1.2 enhancement.	Record was insufficient without the confession to show the basis.	Record supplemented by indictment, judgment, and confession supports the enhancement.	Conviction qualified as a crime of violence; enhancement proper.

Descamps v. United States, 133 S. Ct. 2276 (2013) (modified categorical approach for divisible statutes; if one alternative matches a generic element, use limited documents)
United States v. Garcia-Arellano, 522 F.3d 477 (5th Cir. 2008) (template confession can establish which offenses were committed)
Garcia-Mendez v. United States, 420 F.3d 454 (5th Cir. 2005) (§30.02(a)(1) burglary of a dwelling supports a VI crime of violence)
Espinoza v. United States, 733 F.3d 568 (5th Cir. 2013) (template confession may be insufficient to prove mens rea; limited relevance here)
Chambers v. United States, 555 U.S. 122 (2009) (rule about grouping subsections and applying categorical approach; dicta relevance limited)
United States v. Garza-Lopez, 410 F.3d 268 (5th Cir. 2005) (PSR alone not conclusive for predicate; proper citation of prior conviction documents)