United States v. Alberto Garcia-Jimenez
2015 U.S. App. LEXIS 20050
| 9th Cir. | 2015Background
- Garcia-Jimenez pled guilty to illegal reentry under 8 U.S.C. § 1326(a).
- District court increased base offense by 16 levels under § 2L1.2 based on a New Jersey aggravated assault conviction.
- Guidelines range shifted from 10–16 months to 46–57 months; court sentenced Garcia-Jimenez to 46 months.
- Court stated it would impose the same sentence even if the conviction were not a crime of violence.
- Garcia-Jimenez appealed, challenging the categorization of his New Jersey conviction as a crime of violence and the related analysis.
- Court vacated the sentence and remanded for resentencing due to non-harmless error in applying the 16-level enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NJ aggravated assault matches federal generic aggravated assault | Garcia-Jimenez argues NJ statute includes extreme indifference recklessness. | United States contends it qualifies as a crime of violence. | NJ aggravated assault does not match federal generic aggravated assault. |
| Whether NJ attempt-based elements broaden the offense beyond federal attempt | Garcia-Jimenez contends NJ attempts broaden beyond federal definition. | United States argues it aligns with generic attempt or is within broad NJ scope. | NJ attempt provision is broader than federal generic attempt; not a match. |
| Harmlessness of the sentencing error | District court’s error cannot be harmless given the large variance. | U.S. contends error harmless because sentence would be same. | Error not harmless; remand for resentencing required. |
Key Cases Cited
- Esparza-Herrera v. United States, 557 F.3d 1019 (9th Cir. 2009) (discusses mens rea and Model Penal Code in aggressive analysis)
- Marcia-Acosta, 780 F.3d 1244 (9th Cir. 2015) (defines 16-level enhancement under 2L1.2(b)(1)(A)(ii))
- Gomez-Hernandez, 680 F.3d 1171 (9th Cir. 2012) (discusses extreme indifference paraphrase not binding holding)
- Castillo-Marin, 684 F.3d 914 (9th Cir. 2012) (survey of state aggravated assault statutes)
- Gonzalez-Monterroso, 745 F.3d 1237 (9th Cir. 2014) (analyze federal attempt definition; distinguishes preparatory acts)
- Saavedra-Velazquez, 578 F.3d 1103 (9th Cir. 2009) (discusses harmless error framework in sentencing)