United States v. Chavez-Hernandez
671 F.3d 494
| 5th Cir. | 2012Background
- Chavez-Hernandez pleaded guilty to illegal reentry after deportation under 8 U.S.C. § 1326 pursuant to a plea agreement.
- The district court increased his base offense level by 16 under § 2L1.2(b)(1)(A)(ii) classifying his Florida conviction as a crime of violence.
- The Florida conviction was for sexual activity with a minor under Fla. Stat. § 794.05(1) involving a 14–year–old victim according to defense counsel’s remarks and related record evidence.
- Criminal history category was reduced to II and the court granted a 3-level acceptance-of-responsibility reduction plus a sua sponte downward adjustment for over-representation, yielding a guideline range of 37–46 months.
- Chavez-Hernandez was sentenced to 37 months imprisonment and two years of supervised release; he timely appealed, challenging the 16-level enhancement.
- The majority applied plain-error review due to an inadequately developed objection and affirmed the sentence; Judge Haynes dissented, arguing for remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Florida conviction qualifies as a crime of violence | Government: Florida § 794.05(1) is a crime of violence under § 2L1.2(b)(1)(A)(ii). | Chavez-Hernandez: Florida statute does not categorically qualify as a crime of violence, and cannot be narrowed to fit the enumerated offenses. | Not a crime of violence; Lopez-DeLeon/Munoz-Ortenza framework requires narrowing, which is not satisfied. |
| Plain error review applicability and effect | Government: Objection was not adequately developed; plain error review is proper and supports affirmance. | Chavez-Hernandez: Objection was insufficiently raised but plain error applies due to material sentencing error affecting risk. | Plain error exists but does not mandatorily require reversal; sentence affirmed. |
| Age of the victim and evidentiary basis for the enhancement | Government: Record evidence (state documents) and admission that victim was under 16 support the enhancement. | Chavez-Hernandez: Age facts not properly admissible under Shepard; defense admission cannot sustain the enhancement. | Court relied on defense counsel’s statements and state records; but Shepard controls; nonetheless the sentence was affirmed on plain-error grounds. |
Key Cases Cited
- Lopez-DeLeon, 513 F.3d 472 (5th Cir. 2008) (statutory rape age and 'generic, contemporary meaning' guiding crime-of-violence analysis)
- Munoz-Ortenza, 563 F.3d 112 (5th Cir. 2009) (statutory interpretations of minor-age crimes for the violence enhancement; remand for plain error where applicable)
- Najera-Najera, 519 F.3d 509 (5th Cir. 2008) (age definitions for crimes of violence involving minors under state statutes)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (narrowing prior convictions for determining enumerated offenses; limits on using extrinsic records)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (framework for using a valid predicate offense in sentencing under later cases)
- John, 597 F.3d 263 (5th Cir. 2010) (plain-error discretion and the severity of the sentencing disparity in granting relief)
- Carbajal-Diaz, 508 F.3d 804 (5th Cir. 2007) ( Shepard-approved documents narrowly construed in determining prior convictions)
- Olano, 507 U.S. 725 (U.S. 1993) (plain-error four-prong analysis)