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Keywords

defendantfelonydeportationsentencing guidelines
defendantfelonydeportationsentencing guidelines

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Garcia-Rico; U.S. v.

Facts

Garcia-Rico was convicted of voluntary manslaughter on January 18, 1990, and thereafter deported. He reentered the country illegally and was arrested in March 1994. He pled guilty to one count of illegal reentry after deportation under 8 U.S.C. 1326. The PSR recommended a sixteen level enhancement under 2L1.2(b)(2). Garcia-Rico objected to the PSR's recommendation on the grounds that voluntary manslaughter only became an aggravated felony under 8 U.S.C. 1326 on November 29, 1990. He committed the voluntary manslaughter before that date. The district court nonetheless adopted the PSR's recommendation.

Garcia-Rico was convicted of voluntary manslaughter on January 18, 1990, and thereafter deported. He reentered the country illegally and was arrested in March 1994. He pled guilty to one count of illegal reentry after deportation under 8 U.S.C. 1326. The PSR recommended a sixteen level enhancement under 2L1.2(b)(2). Garcia-Rico objected to the PSR's recommendation on the grounds that voluntary manslaughter only became an aggravated felony under 8 U.S.C. 1326 on November 29, 1990. He committed the voluntary manslaughter before that date. The district court nonetheless adopted the PSR's recommendation.

Issue

Whether the Sentencing Guidelines apply to a prior conviction is a question of law.

Whether the Sentencing Guidelines apply to a prior conviction is a question of law.

Rule

Congress defines the term 'aggravated felony' in 8 U.S.C. 1101(a)(43). The amended definition 'shall apply to offenses committed on or after the date of enactment of this Act.'

Congress defines the term 'aggravated felony' in 8 U.S.C. 1101(a)(43). The amended definition 'shall apply to offenses committed on or after the date of enactment of this Act.'

Analysis

The court held that the amended definition of aggravated felony applied to offenses committed on or after the amendment date, but that the relevant offense was Garcia-Rico's illegal reentry, which he committed after the amendment date. Therefore, the court held that the district court properly applied the enhancement because Garcia-Rico's manslaughter conviction constituted an aggravated felony.

The court held that the amended definition of aggravated felony applied to offenses committed on or after the amendment date, but that the relevant offense was Garcia-Rico's illegal reentry, which he committed after the amendment date. Therefore, the court held that the district court properly applied the enhancement because Garcia-Rico's manslaughter conviction constituted an aggravated felony.

Conclusion

The court affirmed defendant's sentence. The court held that the district court properly applied the enhancement for an aggravated felony.

The court affirmed defendant's sentence. The court held that the district court properly applied the enhancement for an aggravated felony.

Who won?

The United States prevailed in the case because the court affirmed the district court's application of the enhancement based on the defendant's prior conviction for voluntary manslaughter, which was deemed an aggravated felony.

The United States prevailed in the case because the court affirmed the district court's application of the enhancement based on the defendant's prior conviction for voluntary manslaughter, which was deemed an aggravated felony.

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