United States v. Francisco Bonilla
2012 U.S. App. LEXIS 14620
| 4th Cir. | 2012Background
- Bonilla pleaded guilty to illegal reentry after being previously removed.
- The district court applied a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A) based on a Texas burglary conviction.
- Bonilla was convicted under Texas Penal Code § 30.02(a)(3): entry into a habitation/building and committing or attempting a felony, theft, or an assault.
- Bonilla argued this § 30.02(a)(3) conviction does not satisfy Taylor’s generic-burglary elements because intent need not exist at entry.
- The district court held § 30.02(a)(3) matches generic burglary and that the enhancement was proper.
- The majority affirmed; the dissent would hold that § 30.02(a)(3) lacks the contemporaneous-intent element required by Taylor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 30.02(a)(3) satisfy Taylor’s generic burglary? | Bonilla: lacks contemporaneous intent; not generic burglary. | Bonilla’s conviction mirrors generic burglary’s substance. | Yes; § 30.02(a)(3) substantially corresponds to generic burglary. |
| Must intent To commit a crime exist at entry to be generic burglary? | Bonilla: contemporaneous intent required; not at entry. | Taylor allows intent to be formed during unlawful entry/remaining. | Contemporaneous intent not required for § 30.02(a)(3) to be generic burglary. |
| Is Bonilla’s § 2L1.2(b)(1)(A)(ii) enhancement properly applied based on the Texas conviction? | Bonilla: § 30.02(a)(3) does not meet Taylor; no crime of violence. | Texas § 30.02(a)(3) fits the 'crime of violence' concept as Taylor contemplates. | Yes; the court holds § 2L1.2(b)(1)(A)(ii) applies given the § 30.02(a)(3) conviction. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (uniform definition of burglary; generic burglary elements)
- United States v. Constante, 544 F.3d 584 (5th Cir.2008) (Texas § 30.02(a)(3) not generic burglary; lacks element)
- United States v. Bowden, 975 F.2d 1080 (4th Cir.1992) (definition of generic burglary elements)
- United States v. Ortega-Gonzaga, 490 F.3d 393 (5th Cir.2007) (separate elements: unlawful entry or remaining and intent)
- United States v. Herrera-Montes, 490 F.3d 390 (5th Cir.2007) (Taylor's burglary framework and dwelling limitation)
- DeVaughn v. State, 749 S.W.2d 62 (Tex.Crim.App.1988) (Texas burglary statute and contemporaneous intent interpretation)