632 F. App'x 233
5th Cir.2016Background
- Defendant Heriberto Esquival-Centeno pleaded guilty to reentry after deportation following an Arizona conviction.
- The district court applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(i) based on a prior Arizona conviction for attempted transport of cocaine for sale.
- The Arizona statute, Ariz. Rev. Stat. § 13-3408(A)(7), is divisible and covers multiple offenses (transporting for sale, importing, selling, transferring, offering to do so).
- Esquival-Centeno conceded that attempted transport of cocaine for sale qualifies as a “drug trafficking offense” under the categorical approach but argued the government’s records did not prove he was convicted specifically of attempted transport.
- The government relied on Shepard-approved documents: the state court judgment specifying “attempted transportation of [cocaine] for sale,” the plea agreement (which dismissed other § 13-3408(A)(7) allegations), and the plea colloquy where defendant confirmed driving cocaine packaged for sale from Arizona to California.
- The Fifth Circuit found those documents sufficiently showed the conviction was for attempted transport of cocaine for sale and affirmed the 16-level enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the government proved the prior conviction was specifically for attempted transport of cocaine for sale under the modified categorical approach | Records are insufficient to show the conviction was specifically for attempted transport (statute is divisible) | Judgment, plea agreement, and plea colloquy identify attempted transport and narrow the charge | The Shepard-approved documents establish the specific offense; enhancement proper |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (categorical approach for predicate offenses)
- Shepard v. United States, 544 U.S. 13 (documents permissible to identify the offense under the modified categorical approach)
- Descamps v. United States, 570 U.S. 254 (distinction between categorical and modified categorical approaches)
- Gutierrez-Ramirez v. United States, 405 F.3d 352 (judgment can reflect judicial narrowing for modified categorical analysis)
- United States v. Martinez-Lugo, 782 F.3d 198 (holding attempted transport for sale is a drug-trafficking offense under § 2L1.2)