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Keywords

defendantstatutepleaobjectionappellantsentencing guidelines
defendantstatuteappellantsentencing guidelines

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Lopez-Patino; U.S. v.

Facts

In June 2003, a jury found the appellant, Benjamin Lopez-Patino, guilty of illegally reentering the United States after having been previously deported, a violation of 8 U.S.C. 1326. During sentencing, the district court raised concerns about the presentence report — specifically, whether Lopez-Patino was entitled to the three-level downward adjustment for acceptance of responsibility under U.S.S.G. 3E1.1. The government agreed with the district court's concerns, and also asserted that Lopez-Patino's prior conviction in 1990 under Arizona's child abuse statute, Ariz. Rev. Stat. 13-3623(C), was a 'crime of violence' that should result in a sentence enhancement under the Sentencing Guidelines. Over Lopez-Patino's objection, the district court continued the sentencing for 90 days to allow the parties to brief the issues of whether Lopez-Patino should receive acceptance of responsibility points under U.S.S.G. 3E1.1 and whether his prior Arizona conviction for child abuse qualified as a crime of violence under U.S.S.G. 2L1.2.

In June 2003, a jury found the appellant, Benjamin Lopez-Patino, guilty of illegally reentering the United States after having been previously deported, a violation of 8 U.S.C. 1326. During sentencing, the district court raised concerns about the presentence report — specifically, whether Lopez-Patino was entitled to the three-level downward adjustment for acceptance of responsibility under U.S.S.G. 3E1.1. The government agreed with the district court's concerns, and also asserted that Lopez-Patino's prior conviction in 1990 under Arizona's child abuse statute, Ariz. Rev. Stat. 13-3623(C), was a 'crime of violence' that should result in a sentence enhancement under the Sentencing Guidelines.

Issue

Whether a conviction under Arizona's child abuse statute circa 1990 qualifies as a categorical crime of violence for purposes of the federal Sentencing Guidelines.

This case principally presents the question whether a conviction under Arizona's child abuse statute circa 1990 qualifies as a categorical crime of violence for purposes of the federal Sentencing Guidelines.

Rule

The Sentencing Guidelines define a 'crime of violence' as 'any offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another.' In determining whether a prior conviction is a qualifying offense for sentencing enhancement purposes, we apply the categorical approach set forth in Taylor v. United States.

The Sentencing Guidelines define a 'crime of violence' as 'any offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another.'

Analysis

The court applied the modified categorical approach to determine if the defendant's prior conviction under Arizona's child abuse statute qualified as a crime of violence. The court found that the Arizona statute was overly inclusive because it allowed for a conviction without the use of force. However, the court concluded that the government adequately proved that the appellant's Arizona conviction in fact qualified as a crime of violence based on the indictment, judgment, and plea transcript.

The court concluded that the Arizona child abuse statute is overly inclusive because a person could 'cause a child' physical injury without the use of force. Indeed, the government concedes that the Arizona statute is overly inclusive. Thus, the district court correctly analyzed Lopez-Patino's prior conviction under the modified categorical approach.

Conclusion

The district court correctly applied the 16-point sentencing enhancement. The defendant's sentence was affirmed.

The district court correctly applied the 16-point sentencing enhancement. The defendant's sentence was affirmed.

Who won?

The United States prevailed in the case because the court found that the defendant's prior conviction was a crime of violence and that he had not accepted responsibility for his unlawful reentry.

The United States prevailed in the case because the court found that the defendant's prior conviction was a crime of violence and that he had not accepted responsibility for his unlawful reentry.

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