United States v. Duran
2012 U.S. App. LEXIS 21789
| 10th Cir. | 2012Background
- Duran pled guilty to possession of a firearm by a convicted felon after a Colorado arrest tied to a burglary attempt; he had a Texas aggravated assault conviction for which he received an eight-year sentence.
- The district court treated aggravated assault as a crime of violence under USSG § 4B1.2(a) to enhance Duran’s sentence.
- On appeal, the court held that Texas aggravated assault can be committed with a recklessness mens rea, potentially excluding it from the crime of violence definition.
- The court applies a categorical approach, with a modified categorical approach available if the statute is ambiguous, to determine the correct mens rea.
- Texas law defines aggravated assault to include recklessly causing bodily injury and using a deadly weapon, creating potential ambiguity about whether it is categorically a crime of violence.
- The court remands for resentencing, concluding aggravated assault under Texas law is not categorically a crime of violence under USSG § 4B1.2(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Texas aggravated assault is categorically a crime of violence | Duran argues recklessness can satisfy Texas aggravated assault | Government argues deadly-weapon element pushes it into crime of violence | Not categorically a crime of violence; remand for resentencing. |
| Whether the modified categorical approach applies to resolve the mens rea issue | Modified approach should analyze charging documents to determine mens rea | Approach allows facial statute analysis to determine applicable portion | Modified categorical approach applies; statute can involve recklessness in Texas aggravated assault. |
| Whether the mens rea requirement in 4B1.2(a) is limited to intentional conduct | Texas aggravated assault could be reckless and still fit the offense | Only intentional conduct qualifies under 4B1.2(a) | Text limits 4B1.2(a) to intentional conduct; recklessness does not satisfy the crime-of-violence definition. |
Key Cases Cited
- United States v. Armijo, 651 F.3d 1230 (10th Cir. 2011) (modified categorical approach; context for recklessness in § 4B1.2 state-law crimes)
- United States v. Vigil, 334 F.3d 1215 (10th Cir. 2003) (categorical approach to determine crime of violence)
- United States v. Riggans, 254 F.3d 1200 (10th Cir. 2001) (statutory interpretation of crime of violence parameters)
- United States v. Charles, 576 F.3d 1060 (10th Cir. 2009) (explains approach to determining which statute portion is charged)
- United States v. Zuniga-Soto, 527 F.3d 1110 (10th Cir. 2008) (Texas simple assault not a crime of violence due to recklessness)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (limits crime-of-violence to purposeful or intentional conduct in some contexts)
- Patterson v. State, 769 S.W.2d 938 (Tex. Crim. App. 1989) (use of deadly weapon requires purposeful conduct in Patterson's context)
- Tyra v. State, 897 S.W.2d 796 (Tex. Crim. App. 1995) (reckless use of deadly weapon can constitute aggravated assault under Texas law)