United States v. Cesar Bernal-Aveja

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[t]he government bears the burden of proving that [the defendant] was previously convicted of a crime of violence” under § 2L1.2(b)(l)(A)
• stating that a charging document may fill in gaps in a plea agreement only when “the crime charged was the same crime for which the defendant was convicted” (quoting United States v. Spell, 44 F.3d 936, 940 (11th Cir. 1995)
• disallowing reliance on an indictment under the modified categorical approach “because Bernal-Aveja did not plead guilty to, and therefore was not actually convicted of, the aggravated burglary charge contained in the indictment”

Source: CourtListener parenthetical corpus (CC0).