United States v. Benitez-De Los Santos
2011 U.S. App. LEXIS 17131
| 8th Cir. | 2011Background
- Benitez-De Los Santos pleaded guilty to illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(2).
- District court applied a twelve-level specific offense characteristic under USSG § 2L1.2(b)(1)(B) based on a prior California drug conviction (Health & Safety Code § 11351).
- Guideline range was calculated as 30 to 37 months' imprisonment, and the district court sentenced him to 30 months.
- Benitez-De Los Santos challenged the guideline enhancement and the substantive reasonableness of the sentence.
- The government introduced a state court complaint for Count Two and a Report-Indeterminate Sentence as records of conviction; defendant challenged the latter as insufficient.
- The court applied a categorical/modified categorical framework to determine if the prior conviction qualified as a drug trafficking offense under § 2L1.2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the prior conviction qualify as a drug trafficking offense under § 2L1.2(b)(1)(B)? | Benitez-De Los Santos argues § 11351 is overinclusive and record cannot show trafficking basis. | Benitez-De Los Santos contends the record is insufficient to prove trafficking conviction under Shepard. | Yes; the conviction qualifies under § 2L1.2. |
| May the Report-Indeterminate Sentence support the conviction for Count Two under Shepard/modified approach? | Report-Indeterminate Sentence is clerical and unreliable evidence of plea to a count. | Report-Indeterminate Sentence is a reliable judicial record showing pleaded guilty to the drug offense. | Yes; it is a reliable judicial record establishing the basis for the conviction. |
| Is the sentence substantively reasonable within § 3553(a) given the guideline range? | Sentence longer than necessary would violate § 3553(a). | Court properly weighed § 3553(a) factors and emphasized deterrence; within-range sentence presumed reasonable. | Yes; the sentence is substantively reasonable within the advisory range. |
Key Cases Cited
- United States v. Vinton, 631 F.3d 476 (8th Cir. 2011) (guideline interpretation under § 2L1.2; requires proper approach to crimes involving drugs)
- United States v. Sanchez-Garcia, 642 F.3d 658 (8th Cir. 2011) (categorical approach for defining drug trafficking offenses under § 2L1.2)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (clarifies use of charging documents and judicial records in off-board determinations)
- United States v. Snellenberger, 548 F.3d 699 (9th Cir. 2008) (en banc; supports use of a Report-Indeterminate Sentence as a comparable judicial record)
- Gall v. United States, 552 U.S. 38 (U.S. 2007) (abuse-of-discretion standard for reviewing sentences)
- United States v. Ruelas-Mendez, 556 F.3d 655 (8th Cir. 2009) (presumes reasonableness of within-range sentences under § 3553(a))