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defendantstatutetrialpleafelonysentencing guidelines
defendantstatutetrialpleafelonysentencing guidelines

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Lucio-Lucio; U.S. v.

Facts

After defendant pleaded guilty to illegally re-entering the United States, the district court determined that his prior conviction of driving while intoxicated (DWI) in violation of Tex. Penal Code Ann. 49.04 was a crime of violence under 8 U.S.C.S. 16(b), and applied an eight-level enhancement to his sentence under U.S. Sentencing Guidelines Manual 2L1.2(b)(1). Although Mr. Lucio-Lucio urged the trial court to apply only the four-level enhancement for having a past felony conviction, the court ultimately decided to apply the harsher eight-level enhancement reserved for aggravated felonies.

After defendant pleaded guilty to illegally re-entering the United States, the district court determined that his prior conviction of driving while intoxicated (DWI) in violation of Tex. Penal Code Ann. 49.04 was a crime of violence under 8 U.S.C.S. 16(b), and applied an eight-level enhancement to his sentence under U.S. Sentencing Guidelines Manual 2L1.2(b)(1). Although Mr. Lucio-Lucio urged the trial court to apply only the four-level enhancement for having a past felony conviction, the court ultimately decided to apply the harsher eight-level enhancement reserved for aggravated felonies.

Issue

Whether driving while intoxicated (DWI) under Texas law constitutes a crime of violence under 8 U.S.C. 16(b) for the purpose of applying an eight-level enhancement under U.S. Sentencing Guidelines Manual 2L1.2(b)(1).

Whether driving while intoxicated (DWI) under Texas law constitutes a crime of violence under 8 U.S.C. 16(b) for the purpose of applying an eight-level enhancement under U.S. Sentencing Guidelines Manual 2L1.2(b)(1).

Rule

Driving while intoxicated is not considered a crime of violence under 18 U.S.C. 16, which defines a crime of violence as an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that involves a substantial risk that physical force may be used in the course of committing the offense.

Driving while intoxicated is not considered a crime of violence under 18 U.S.C. 16, which defines a crime of violence as an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that involves a substantial risk that physical force may be used in the course of committing the offense.

Analysis

The court applied the categorical approach to determine whether DWI is a crime that, by its nature, poses a substantial risk that physical force may be used in the commission of the offense. It concluded that DWI does not satisfy the definition of a crime of violence because the impairment of the driver's faculties leads to negligent driving, which may result in an accident, rather than an intentional act of violence.

The court applied the categorical approach to determine whether DWI is a crime that, by its nature, poses a substantial risk that physical force may be used in the commission of the offense. It concluded that DWI does not satisfy the definition of a crime of violence because the impairment of the driver's faculties leads to negligent driving, which may result in an accident, rather than an intentional act of violence.

Conclusion

The court reversed the sentence and remanded the case for resentencing, holding that DWI is not a crime of violence under the applicable statutes.

The court reversed the sentence and remanded the case for resentencing, holding that DWI is not a crime of violence under the applicable statutes.

Who won?

Defendant prevailed in the case because the court found that the eight-level enhancement was improperly applied based on the classification of DWI as a crime of violence.

Defendant prevailed in the case because the court found that the eight-level enhancement was improperly applied based on the classification of DWI as a crime of violence.

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