United States v. Jose Malagon-Soto
764 F.3d 925
8th Cir.2014Background
- Defendant Jose Malagon-Soto pleaded guilty to illegal reentry after prior removal under 8 U.S.C. § 1326(a) and (b)(1).
- In 1999 he was convicted in Kentucky of second-degree manslaughter for a DUI-caused fatal collision; he was later deported and reentered the U.S.
- The PSR applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on the manslaughter conviction, producing a 41–51 month Guidelines range.
- The district court overruled Malagon-Soto’s objection, applied the enhancement, but granted a downward variance and sentenced him to 36 months.
- On appeal Malagon-Soto challenged the 16-level enhancement, arguing manslaughter should not qualify as a "crime of violence" for § 2L1.2 without a use-of-force element requiring intentional use of force.
- The Eighth Circuit affirmed, holding enumerated offenses in § 2L1.2 are crimes of violence regardless of whether the offense’s elements expressly require use of force.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2L1.2(b)(1)(A)(ii)’s 16‑level enhancement applies based on prior manslaughter conviction | Malagon‑Soto: manslaughter lacks a required "use of force" element with intent, so it should not qualify as a crime of violence for § 2L1.2 | Government: manslaughter is an enumerated offense under § 2L1.2 and thus qualifies as a crime of violence for the enhancement | The court affirmed: enumerated offenses are categorically crimes of violence under § 2L1.2; no separate use‑of‑force mens rea is required |
Key Cases Cited
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (interprets "use of physical force" in § 16 to require more than negligent or accidental force)
- Torres‑Villalobos v. United States, 487 F.3d 607 (8th Cir. 2007) (Minnesota second‑degree manslaughter does not satisfy § 16’s use‑of‑force requirement)
- United States v. Paz, 622 F.3d 890 (8th Cir. 2010) (enumerated offenses in U.S.S.G. § 2L1.2 are crimes of violence regardless of a use‑of‑force element)
- United States v. Medina‑Valencia, 538 F.3d 831 (8th Cir. 2008) (use of categorical approach for determining whether prior offenses match guideline offenses)
- United States v. Roblero‑Ramirez, 716 F.3d 1122 (8th Cir. 2013) (generic federal manslaughter requires at least recklessness)