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Keywords

defendantfelonydeportation

defendantstatutefelonyprobationsentencing guidelines

Related Cases

Rivera-Sanchez; U.S. v.

Facts

Javier Rivera-Sanchez was arrested for entering the United States without inspection and pled guilty to illegal reentry after deportation. His sentence was enhanced based on a prior conviction under California Health and Safety Code 11360(a), which the district court treated as an aggravated felony, increasing his offense level significantly. Rivera-Sanchez disputed the inclusion of this conviction in his sentencing.

Most relevant to our inquiry is the inclusion of a 1986 conviction under California Health and Safety Code 11360(a) , for which Rivera-Sanchez was sentenced to 3 years' probation and 36 days in jail.

Issue

Whether a violation of California Health and Safety Code 11360(a) constitutes an aggravated felony for the purposes of sentencing under U.S.S.G. 2L1.2(b)(1)(A).

Whether a violation of California Health and Safety Code 11360(a) constitutes an aggravated felony for the purposes of sentencing pursuant to United States Sentencing Guidelines ('U.S.S.G.') 2L1.2(b)(1)(A).

Rule

Under U.S.S.G. 2L1.2(b)(1)(A), the district court must increase the base offense level by 16 levels if the defendant was previously deported after a conviction for an aggravated felony, which is defined at 8 U.S.C. 1101(a)(43)(B) to include illicit trafficking in controlled substances.

Under U.S.S.G. 2L1.2(b)(1)(A), the district court must increase the base offense level by 16 levels if the defendant was previously deported after a conviction for an aggravated felony.

Analysis

The court applied the categorical approach established in Taylor v. United States, focusing on the statutory definition of the prior offense rather than the underlying conduct. It determined that California Health and Safety Code 11360(a) criminalizes solicitation, which is not included in the definition of aggravated felonies under the Controlled Substances Act. Therefore, Rivera-Sanchez's conviction did not qualify as an aggravated felony.

Thus, under Taylor's categorical approach, we must first analyze the statute that formed the basis for the sentence enhancement. At issue in this case is California Health and Safety Code 11360(a) , which provides in relevant part: Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three or four years.

Conclusion

The court reversed the judgment of the district court and remanded the case for further proceedings, indicating that Rivera-Sanchez's conviction does not qualify as an aggravated felony.

REVERSED AND REMANDED.

Who won?

Javier Rivera-Sanchez prevailed in the case because the court found that his prior conviction did not constitute an aggravated felony, which led to the reversal of the sentence enhancement imposed by the district court.

Javier Rivera-Sanchez prevailed in the case because the court found that his prior conviction did not constitute an aggravated felony.

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