616 F. App'x 189
5th Cir.2015Background
- Quintanilla-Ventura, a Salvadoran citizen, pleaded guilty to unlawful reentry under 8 U.S.C. § 1326(a) and (b).
- The PSR recommended a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on a 2007 Texas conviction for attempted sexual assault under Texas Penal Code § 22.011.
- District court adopted the PSR and sentenced Quintanilla-Ventura to 51 months’ imprisonment for § 1326(a) and (b)(2).
- Quintanilla-Ventura argued the 2007 conviction was not an aggravated felony and that the court erred by applying § 1326(b)(2) instead of § 1326(b)(1).
- The issue is framed as a plain-error review under Puckett v. United States for potential deprivations of substantial rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in applying §1326(b)(2) based on Quintanilla-Ventura’s 2007 conviction. | Quintanilla-Ventura: the conviction was not an aggravated felony; error in §1326(b)(2). | Government: the 2007 conviction supports §1326(b)(2) under the aggravated felony theory. | Reversal not warranted; remand for narrow correction to §1326(b)(1) to reflect the proper offense. |
Key Cases Cited
- Puckett v. United States, 556 U.S. 129 (U.S. 2009) (plain-error standard and four-part test)
- United States v. Olano, 507 U.S. 725 (U.S. 1993) (plain-error framework)
- Rodriguez v. Holder, 705 F.3d 207 (5th Cir. 2013) (conviction under §22.011 not categorically an aggravated felony)