United States v. Gonzales
2011 U.S. App. LEXIS 10636
| 5th Cir. | 2011Background
- Gonzales convicted of conspiring to interfere with commerce by robbery under Hobbs Act § 1951(a).
- Probation officer calculated offense level under § 2B3.1 (robbery guideline) instead of § 2X1.1 (conspiracy).
- Gonzales argued only actual loss should be counted, affecting § 2B3.1 calculation; he did not expressly urge § 2X1.1 application.
- District court applied § 2X1.1, resulting in offense level 23 and a 46–57 month range, with Gonzales sentenced to 46 months.
- Gonzales objected at sentencing; the court overruled the objection.
- Court reviews whether § 2X1.1 was correctly applied, de novo if preserved, or plain error if not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of the § 2X1.1 issue | Gonzales preserved by objection at sentencing. | Not necessary to preserve for de novo review; plain error | Preservation adequate; de novo review applies |
| Whether § 2X1.1 applies to Hobbs Act conspiracy to rob | § 2X1.1 governs conspiracies, including Hobbs Act conspiracies. | § 2B3.1 should apply for robbery under Hobbs Act. | § 2X1.1 correctly applied |
Key Cases Cited
- United States v. Villafranca, 260 F.3d 374 (5th Cir. 2001) (affirms § 2X1.1 for extortion conspiracies under Hobbs Act)
- United States v. Amato, 46 F.3d 1255 (2d Cir. 1995) (applies § 2X1.1 to Hobbs Act robbery conspiracies)
- United States v. Mershon, 322 F. App’x 232 (3d Cir. 2009) (unpublished but adopts § 2X1.1 for Hobbs Act conspiracies)
- United States v. Thomas, 8 F.3d 1552 (11th Cir. 1993) (cited regarding Eleventh Circuit stance on related issue)
- United States v. Skowronski, 968 F.2d 242 (2d Cir. 1992) (earlier Second Circuit authority cited by court)