United States v. Antonio Medina
2012 U.S. App. LEXIS 18381
| 7th Cir. | 2012Background
- Medina, a Mexican citizen, entered the U.S. illegally in 1982 and was later convicted in California in 1989 of cocaine trafficking and attempted robbery.
- He was deported in 1990, unlawfully reentered in 1994, and was convicted of illegal reentry in 1995, leading to another deportation in 1996.
- Medina again reentered unlawfully around 2009 and was charged with illegal reentry after deportation (8 U.S.C. § 1326(a)) following discovery on Nov. 9, 2009.
- The Presentence Report added a 16-level enhancement under § 2L1.2(b)(1)(A) because of a prior drug trafficking offense or crime of violence after a deportation.
- Medina pleaded guilty to the 1326(a) offense; the district court applied the 2010 Guidelines and imposed a 37-month sentence.
- Medina argued the 16-level enhancement should have been based on 1989 guidelines (which did not include certain terms), but the court applied the 2010 guidelines, which were in effect at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 16-level enhancement applied correctly | Medina contends 1989 convictions do not fit under 2010 § 2L1.2(b)(1)(A). | Medina argues 1989 drug offense/crime of violence definitions do not align with the 2010 guidelines. | Enhancement proper under 2010 guidelines. |
| Which Guidelines version governs the enhancement | Use the 1989 Guidelines for the prior offenses. | Use the Guidelines in effect at sentencing (2010) unless ex post facto applies. | Use 2010 Guidelines; no ex post facto violation. |
| Whether use of the 1989 convictions to enhance the sentence twice is improper | Pre-1995 convictions should not be used to enhance this current sentence. | Those convictions legitimately support the enhancement and are not improper double-counting. | Counted; enhancement proper. |
| Whether robbery qualifies as a crime of violence for purposes of the enhancement | Argues 1989 robbery was not enumerated as violence in 1989 guidelines. | Under 2010 guidelines, robbery qualifies as a crime of violence, and attempted robbery counts as well. | Medina had a prior felony for a crime of violence; enhancement valid. |
Key Cases Cited
- Dorsey v. United States, 132 S. Ct. 2321 (Sup. Ct. 2012) (guidelines applied by date of sentencing; ex post facto considerations)
- United States v. Demaree, 459 F.3d 791 (7th Cir. 2006) (ex post facto admissibility of current guidelines)
- United States v. Lopez, 634 F.3d 948 (7th Cir. 2011) (time to measure sentence for § 2L1.2(b)(1)(A)(I) purposes)
- United States v. Are, 498 F.3d 460 (7th Cir. 2007) (guidelines offense-date considerations for § 2L1.2)
- United States v. Garcia-Lopez, 375 F.3d 586 (7th Cir. 2004) (guideline rationale for recidivism and severity of reentry offenses)
- United States v. Sheneman, 682 F.3d 623 (7th Cir. 2012) (review standard for district court’s application of guidelines)
- Gall v. United States, 552 U.S. 38 (Sup. Ct. 2007) (reasonableness of sentence and discretionary considerations under 18 U.S.C. § 3553(a))