United States v. Hector Antunes-Rivera
659 F. App'x 538
| 11th Cir. | 2016Background
- Defendant Hector Antunes-Rivera convicted of illegal reentry in violation of 8 U.S.C. § 1326(a).
- District court applied a 16-level Sentencing Guidelines enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on a prior Florida felony conviction under Fla. Stat. § 843.01 (resisting an officer with violence).
- § 2L1.2 increases apply when the prior felony is a "crime of violence" (includes offenses with an element of use of physical force).
- Antunes-Rivera argued § 843.01 can be violated by only de minimis force ("wiggling/struggling") and relied on Descamps and Moncrieffe to urge a categorical limiting analysis; he also claimed conflict with Leocal.
- He also challenged the substantive reasonableness of his 41-month sentence (below the advisory Guidelines range), arguing a lower sentence would suffice under 18 U.S.C. § 3553(a).
- The Eleventh Circuit affirmed: it held Romo-Villalobos controls that § 843.01 is categorically a crime of violence for § 2L1.2 purposes, and the sentence was substantively reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior Fla. Stat. § 843.01 conviction is a "crime of violence" for the § 2L1.2 16-level enhancement | § 843.01 can be violated by minimal force (wiggling/struggling); under Descamps/Moncrieffe the court must assume the conviction rested on the least conduct | Past Eleventh Circuit precedent (Romo-Villalobos) and Florida law require actual/knowing violence; statute contains an element of violence satisfying "use of physical force" | Affirmed: § 843.01 is categorically a crime of violence for § 2L1.2; Romo-Villalobos controls and Descamps/Moncrieffe do not undermine it here |
| Whether the 41-month sentence is substantively unreasonable under § 3553(a) | A lower sentence below the imposed 41 months would be sufficient to meet sentencing purposes | Sentence is below the advisory Guideline range and far below statutory maximum; district court adequately weighed § 3553(a) factors (history, deterrence, respect for law) | Affirmed: sentence was substantively reasonable and not an abuse of discretion |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (use of physical force definition)
- Descamps v. United States, 570 U.S. 254 (categorical approach confines inquiry to statutory elements)
- Moncrieffe v. Holder, 569 U.S. 184 (assume conviction rests on least of the acts criminalized)
- Leocal v. Ashcroft, 543 U.S. 1 (crime of violence requires active employment of force)
- United States v. Romo-Villalobos, 674 F.3d 1246 (11th Cir. 2012) (§ 843.01 is a crime of violence)
- United States v. Palomino-Garcia, 606 F.3d 1317 (11th Cir. 2010) (mens rea and use-of-force analysis under Guidelines)
- United States v. Hill, 799 F.3d 1318 (11th Cir. 2015) (reaffirming § 843.01 as violent felony post-Descamps)
- United States v. Irey, 612 F.3d 1160 (11th Cir. en banc 2010) (standard for substantive-reasonableness review)
- United States v. Lockley, 632 F.3d 1238 (standard for de novo review whether prior conviction qualifies as crime of violence)