16-level Enhancement for Prior Offense Improper in Reentry Case

U.S. v. Martinez-Hernandez, -- F.3d --, 2005 WL 2114161 (10th Cir. 9/2/05) - a categorical approach must be applied to the determination whether an illegal re-entry defendant's prior CA conviction for weapons possession constituted a firearms offense under GLs § 2L1.2(b)(1)(A). The CA statute prohibited numerous weapons, including many that are not firearms. The judicial records did not indicate whether the prior conviction involved a firearms offense. Under Shepard, the sentencing court was not permitted to consider the police report, which indicated that the defendant had used a sawed-off shotgun. COA concludes the 16-level enhancement was improperly applied.