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Keywords

appealpleamotionfelonydeportationsentencing guidelines
appealpleamotionfelonydeportationsentencing guidelines

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Reina-Rodriguez; U.S. v.

Facts

Hector Reina-Rodriguez appeals the district court's denial of his 28 U.S.C. 2255 motion to correct a federal sentencing enhancement imposed on account of his Utah conviction for burglarizing a 'dwelling.' Reina-Rodriguez was indicted in federal district court for illegal re-entry after deportation, in violation of 8 U.S.C. 1326 and he pled guilty without a plea agreement. Under the Sentencing Guidelines, a violation of 8 U.S.C. 1326 has a base offense level of eight. The district court applied a 16-level enhancement because Reina-Rodriguez had previously been convicted of second-degree felony burglary in Utah, which the court concluded was a felony 'crime of violence' under the Guidelines.

Hector Reina-Rodriguez appeals the district court's denial of his 28 U.S.C. 2255 motion to correct a federal sentencing enhancement imposed on account of his Utah conviction for burglarizing a 'dwelling.' Reina-Rodriguez was indicted in federal district court for illegal re-entry after deportation, in violation of 8 U.S.C. 1326 and he pled guilty without a plea agreement. Under the Sentencing Guidelines, a violation of 8 U.S.C. 1326 has a base offense level of eight. The district court applied a 16-level enhancement because Reina-Rodriguez had previously been convicted of second-degree felony burglary in Utah, which the court concluded was a felony 'crime of violence' under the Guidelines.

Issue

The question was whether petitioner's sentence was unlawful based on his sentencing enhancement for a prior crime of violence based on a Utah burglary conviction.

The question was whether petitioner's sentence was unlawful based on his sentencing enhancement for a prior crime of violence based on a Utah burglary conviction.

Rule

The court found that Grisel applied retroactively because it was not a new constitutional rule, the rule simply delimited the conduct that qualified as burglary under Taylor's categorical-approach analysis, and Grisel announced a substantive rule, rather than a procedural one.

The court found that Grisel applied retroactively because it was not a new constitutional rule, the rule simply delimited the conduct that qualified as burglary under Taylor's categorical-approach analysis, and Grisel announced a substantive rule, rather than a procedural one.

Analysis

The court applied the rule from Grisel, which limited the definition of burglary under the Armed Career Criminal Act. It concluded that Grisel is a new rule but not a new constitutional rule, as it does not implicate constitutional rights. The court determined that the rule simply delimits the conduct that qualifies as burglary under Taylor's categorical-approach analysis, and thus, Teague's retroactivity bar does not apply.

The court applied the rule from Grisel, which limited the definition of burglary under the Armed Career Criminal Act. It concluded that Grisel is a new rule but not a new constitutional rule, as it does not implicate constitutional rights. The court determined that the rule simply delimits the conduct that qualifies as burglary under Taylor's categorical-approach analysis, and thus, Teague's retroactivity bar does not apply.

Conclusion

The judgment of the district court was reversed. The case was remanded for resentencing on an open record.

The judgment of the district court was reversed. The case was remanded for resentencing on an open record.

Who won?

Hector Reina-Rodriguez prevailed in the case because the court found that the sentencing enhancement based on his prior burglary conviction was improper under the retroactive application of the Grisel decision.

Hector Reina-Rodriguez prevailed in the case because the court found that the sentencing enhancement based on his prior burglary conviction was improper under the retroactive application of the Grisel decision.

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