United States v. Erick Garcia-Sandobal
703 F.3d 1278
11th Cir.2013Background
- Garcia-Sandobal, a Honduran citizen, illegally entered the United States in 1993.
- Between 1993 and 1998 Florida convicted him of battery-related offenses and related violence against officers, with probation and imprisonment reversed in part on appeal.
- After an immigration removal order in 1998, he unlawfully reentered the U.S. and had further Florida convictions between 2000 and 2010, including disorderly intoxication in 2009.
- In October 2010 a federal grand jury indicted him for unlawful reentry after removal under 8 U.S.C. § 1326(a), (b)(2), alleging aggravated felonies before removal.
- Garcia-Sandobal pleaded guilty before a magistrate judge to the indictment, and the district court later accepted the plea.
- The presentence report calculated offense level 21, criminal history category VI, with a 16-level enhancement under § 2L1.2(b)(1)(A)(ii) for a prior felony crime of violence, and counted two criminal-history points for disorderly intoxication, leading to a sentence of 87 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Guilty plea and 1326(b)(2) sentencing validity | Garcia-Sandobal challenges the enhancement under § 1326(b)(2). | Garcia-Sandobal argues the district court erred in applying the enhancement. | Waived by plea admission; plea constituted acceptance of § 1326(b)(2). |
| Crime of violence predicate for the 16-level enhancement | Garcia-Sandobal contends his 1996 Florida conviction is not a crime of violence. | Romo-Villalobos forecloses the argument that it isn’t a crime of violence. | District court proper to apply 16-level enhancement based on 1996 obstructing an officer with violence. |
| Counting disorderly intoxication toward criminal history | Disorderly intoxication is akin to public intoxication and should not be counted. | Disorderly intoxication is more like disorderly conduct or disturbing the peace and may be counted. | Disorderly intoxication counts toward criminal history; it is closer to disorderly conduct/disturbing the peace. |
Key Cases Cited
- Romo-Villalobos v. United States, 674 F.3d 1246 (11th Cir. 2012) (conviction under Fla. § 843.01 deemed a crime of violence for § 2L1.2(b)(1)(A)(ii))
- United States v. Bennett, 472 F.3d 825 (11th Cir. 2006) (plea admitting priors forecloses challenges to sentencing under ACCA/guidelines)
- United States v. Covington, 565 F.3d 1336 (11th Cir. 2009) (knowing and informed plea admission binds review of sentencing issue)