United States v. Gerardo Hernandez-Rodriguez
788 F.3d 193
| 5th Cir. | 2015Background
- Hernandez-Rodriguez pleaded guilty (Nov. 2013) to illegal reentry; the PSR applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on a 2006 Louisiana aggravated battery conviction.
- The district court adopted the PSR, overruled the defendant’s objection, and imposed a within-Guidelines sentence of 41 months; defendant appealed.
- The enhancement applies when a prior conviction is a "crime of violence" either as an enumerated offense (e.g., aggravated assault) or an offense that has as an element the use/threatened use of physical force.
- Louisiana aggravated battery (La. Rev. Stat. § 14:34) punishes (1) intentional use of force/violence or (2) intentional administration of poison/noxious substance with a dangerous weapon defined by its likelihood to cause death or great bodily harm.
- No Shepard-compliant record established which statutory alternative (force or poison) formed the basis of Hernandez-Rodriguez’s conviction; the court therefore analyzed whether the least culpable means of violating § 14:34 fits the generic definition of aggravated assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Louisiana aggravated battery conviction is a "crime of violence" under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (enumerated-offense prong) | Government: § 14:34 categorically matches generic aggravated assault; differences are minor and intent can be inferred from use of a "dangerous weapon." | Hernandez-Rodriguez: Louisiana statute is broader — it allows conviction based on general intent and on nonviolent administration of a noxious substance, so the least culpable conduct falls outside generic aggravated assault. | Court vacated the enhancement and sentence: the least culpable means (e.g., intentional administration of a noxious substance without specific intent to cause serious bodily injury) falls outside the generic meaning of aggravated assault; remand for resentencing. |
Key Cases Cited
- United States v. Herrera-Alvarez, 753 F.3d 132 (5th Cir. 2014) (analyzed Louisiana aggravated battery under force-prong; narrowed conviction where Shepard record showed knife use)
- United States v. Esparza-Perez, 681 F.3d 228 (5th Cir. 2012) (explained "common sense" approach to enumerated offenses and comparison to generic offense meaning)
- United States v. Moreno-Florean, 542 F.3d 445 (5th Cir. 2008) (described categorical approach for force-element offenses)
- Gonzalez v. Duenas-Alvarez, 549 U.S. 183 (2007) (realistic-probability test for state statute reaching conduct outside generic federal definition)
- Shepard v. United States, 544 U.S. 13 (2005) (limits on records courts may consult to identify which statutory alternative formed basis of conviction)
- United States v. Sanchez-Ruedas, 452 F.3d 409 (5th Cir. 2006) (found California assault with a deadly weapon matched generic aggravated assault despite some mens rea differences)