United States v. Jorge Valdavinos-Torres
2012 U.S. App. LEXIS 26015
| 9th Cir. | 2012Background
- Valdavinos-Torres was ordered removed in 2008 and later re-entered the U.S. without authorization.
- In 2010 Valdavinos was arrested in California for possession of methamphetamine and sentenced to 180 days.
- In 2011 Valdavinos was indicted for illegal re-entry under 8 U.S.C. § 1326(a) and (b) after removal and reentry.
- Valdavinos entered a conditional guilty plea in July 2011 while preserving challenges to the motion to dismiss and his sentence.
- The district court sentenced Valdavinos on December 9, 2011 to 46 months in prison and two years of supervised release.
- Valdavinos challenged the conviction on 1326(d) grounds, the validity of the removal, and the two-year supervised release sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion under §1326(d) requirement | Valdavinos exhausted remedies by appealing removal; waiver was not intelligent. | Valdavinos did not exhaust administratively and waiver was valid. | Exhaustion not satisfied; collateral attack barred. |
| Whether 2007 California §11378 conviction is an aggravated felony | Record fails to show a federal drug-trafficking offense; West line of cases controls. | Record, read with documents, shows methamphetamine for sale; qualifies under Taylor/modified approach. | Conviction qualifies as a drug-trafficking offense under §2L1.2(b)(1)(A) (categorical and modified approaches). |
| Validity of supervised release after deportable conviction | Imposition of supervised release is contrary to guidelines treating deportable aliens. | District court provided individualized, deterrent-based rationale; within discretion. | Two-year supervised release reasonable and within statutory/guideline authority. |
Key Cases Cited
- Ruiz-Vidal v. Gonzales, 473 F.3d 1072 (9th Cir. 2007) (California schedules broader than federal scopes; supports modified approach relevance)
- Vidal, 504 F.3d 1072 (9th Cir. 2007 (en banc)) (Modified categorical approach; record must show defendant pled to elements of generic crime)
- Snellenberger, 548 F.3d 699 (9th Cir. 2008) (En banc: clerk minute orders admissible under modified categorical approach (with caveats))
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (Allows considering judicial records to connect record to generic crime)
- Reyes-Bonilla, 671 F.3d 1036 (9th Cir. 2012) (Due-process exhaustion and relief prerequisites for collateral attack)
- Ubaldo-Figueroa, 364 F.3d 1042 (9th Cir. 2004) (Explains grounds for collateral challenge in removal context)
- Parker v. United States, 5 F.3d 1322 (9th Cir. 1993) (Charging documents used with record to prove plea factual basis)
- Valle-Montalbo v. United States, 474 F.3d 1197 (9th Cir. 2007) (Held that state drug conviction can be a federal drug-trafficking offense under Taylor)
- Laurico-Yeno, 590 F.3d 818 (9th Cir. 2010) (Assists in scope of statutory comparisons under Taylor)