Marcelino Ceja-Romero, an alien convicted by guil crime. State v. Albutt, 99 Wash. 253, 259, 169 P. 584 (1917). The Washington statute facially allows for a conviction where an actor with general criminal intent unintentionally touches another with an object that may be deadly under the circumstances — even if the force used is not necessarily violent in nature, as required by federal sentencing law. See Ye v. INS, 214 F.3d 1128, 1133-34 (9th Cir.2000). Accordingly, the government has failed to meet its burden to show that the statute of Ceja-Romero’s prior conviction is facially a crime of violence. The record does not include enough information to conduct a modified categorical analysis. See United States v. Pimentel-Flores, 339 F.3d 959, 968 (9th Cir.2003) (<HOLDING>). The government contends that Ceja-Romero’s
holding that court may satisfy factual basis requirement by examining presentence report holding that express adoption of factual findings in presentence report is sufficient holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error holding that the district court committed plain error in relying solely on the factual description in the presentence report holding defendant waived alleged factual inaccuracies in presentence report by failing to raise them in district court