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statuteappealpleafelonymens rea
pleafelonymens rea

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Gomez-Gomez; U.S. v.

Facts

Gomez Gomez was charged with aggravated assault after he drunkenly bludgeoned two people with a 2×4. He pleaded guilty, served time, and was deported to Mexico. Upon illegally reentering the United States, he was charged with illegal reentry subsequent to a conviction for an aggravated felony, leading to his appeal regarding the classification of his prior conviction.

Gomez Gomez drunkenly bludgeoned two people with a 2×4. He was charged with aggravated assault, which, under Texas law, required either an intentional, knowing, or reckless mens rea. Tex. Penal Code 22.01(a)(1). He pleaded guilty, served time, and was deported to Mexico. Gomez Gomez later returned to the United States illegally.

Issue

Whether Gomez's conviction for aggravated assault in Texas qualifies as an aggravated felony under 8 U.S.C. 1326(b)(2).

Whether Gomez's conviction for aggravated assault in Texas qualifies as an aggravated felony under 8 U.S.C. 1326(b)(2).

Rule

A conviction under 8 U.S.C. 1326(b)(2) requires a prior 'aggravated felony' conviction, which is defined to include 'crimes of violence' as per 18 U.S.C. 16.

A conviction under 8 U.S.C. 1326(b)(2) requires a prior 'aggravated felony' conviction. The term 'aggravated felony' is defined to include 'crime[s] of violence,' which are defined by reference to 18 U.S.C. 16.

Analysis

The court analyzed the definition of 'crime of violence' and determined that Gomez's prior conviction did not meet this definition because it included a mens rea of recklessness, which the Supreme Court in Borden v. United States held does not constitute a 'crime of violence.' Therefore, the court agreed with the parties that the conviction should be classified under 1326(b)(1) instead.

The prior Texas offense to which Gomez Gomez pleaded guilty includes three indivisible mental states, one of which is recklessness. See Tex. Penal Code 22.01(a)(1) (defining '[a]ssault' as 'intentionally, knowingly, or recklessly caus[ing] bodily injury to another'); Gomez-Perez v. Lynch, 829 F.3d 323, 326-28 (5th Cir. 2016) (holding that these three alternative mental states in 22.01(a)(2) are indivisible). For this reason, Gomez Gomez's predicate conviction does not qualify as a 'crime of violence' in light of Borden.

Conclusion

The court remanded the case to the district court to reform the judgment to reflect Gomez's conviction and sentencing under 8 U.S.C. 1326(b)(1).

For the foregoing reasons, we REMAND to the district court for the limited purpose of reforming its judgment to reflect Gomez Gomez's conviction and sentencing under 8 U.S.C. 1326(b)(1).

Who won?

Gomez prevailed in the case as the court agreed that his prior conviction did not qualify as an aggravated felony, leading to a reclassification under a less severe statute.

The parties now agree that Gomez Gomez's prior aggravated assault offense under Texas Penal Code 22.01(a)(1), 22.02(a)(2) is not an 'aggravated felony' under 8 U.S.C. 1326(b)(2) because, in light of Borden, it is not a 'crime of violence' as defined by 18 U.S.C. 16(a).

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