United States v. Iveth Najera-Mendoza
2012 U.S. App. LEXIS 11664
| 5th Cir. | 2012Background
- Najera-Mendoza pleaded guilty to attempted illegal reentry after deportation and false personation, receiving concurrent sentences of 46 months.
- She appealed the 16-level enhancement under § 2L1.2(b)(1)(A)(ii), arguing her Oklahoma kidnapping conviction was not a crime of violence.
- The district court applied the enhancement based on the Oklahoma kidnapping offense; the court treated it as a crime of violence.
- The court used a categorical approach to determine whether the offense was a crime of violence under § 2L1.2, focusing on elements rather than conduct.
- The court concluded the Oklahoma offense did not satisfy the enumerated kidnapping or the physical-force element, vacated the sentence, and remanded for resentencing.
- The dissent contested this conclusion, arguing the kidnapping offense includes a physical-force element under Johnson’s standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Najera-Mendoza's Oklahoma kidnapping conviction is a crime of violence under § 2L1.2 | Najera-Mendoza asserts it is not a crime of violence. | Najera-Mendoza's position is adopted by the government; the offense includes force beyond mere touch maybe, but argued as not requiring physical force. | The district court erred; the conviction is not a crime of violence under § 2L1.2; vacate and remand. |
Key Cases Cited
- United States v. Flores-Gallo, 625 F.3d 819 (5th Cir. 2010) (adopts Johnson’s physical-force standard for 'crime of violence')
- United States v. Miranda-Ortegon, 670 F.3d 661 (5th Cir. 2012) (applies Johnson to Oklahoma offenses and disallows bare 'force' labels)
- United States v. Moreno-Florean, 542 F.3d 445 (5th Cir. 2008) (categorical approach; disjunctive statute elements may require modified analysis)
- United States v. Mendoza-Sanchez, 456 F.3d 479 (5th Cir. 2006) (discusses element-based analysis for 'physical force' in crime of violence)
- United States v. Cervantes-Bianco, 504 F.3d 576 (5th Cir. 2007) (clarifies the enumerated-offense vs. force-element approach)