United States v. Jose Vargas-Soto
2012 U.S. App. LEXIS 22113
| 5th Cir. | 2012Background
- Vargas-Soto pled guilty to illegal reentry after deportation in violation of 18 U.S.C. § 1326 on April 20, 2011.
- PSR calculated offense level 21: base 8, +16 for aggravated felony manslaughter, -3 for acceptance; guideline range 77–96 months.
- District court noted possibility of upward departure under § 4A1.3(a) and sentenced Vargas-Soto to 180 months with 3 years of supervised release.
- Vargas-Soto challenged the 16-level enhancement as an aggravated felony and the upward departure as unreasonable.
- Court supplemented the record with state-court documents showing evading arrest by motor vehicle, an additional aggravated felony, and conducted de novo review of the enhancement.
- Court affirmed the sentence, addressing the enhancement and upward-departure rulings and confirming proper consideration of criminal history and deterrence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether manslaughter as a crime of violence for the aggravated felony enhancement was plain error | Vargas-Soto contends manslaughter does not meet § 16(b) as a crime of violence | United States argues evading arrest provides an adequate aggravating basis; any error was harmless | Harmless error; evading-arrest conviction supports the enhancement |
| Whether the upward departure was reasonable under § 4A1.3(a) | Vargas-Soto argues the departure was disproportionate and not justified by § 3553(a) factors | United States contends district court properly considered CHC, deterrence, and recidivism risks | UPward departure affirmed; court properly weighed factors and risks |
| Whether the district court properly supplemented the record with state-court documents to support the enhancement | Supplementation was unnecessary or improper to determine the enhancement | State-court records may be examined de novo to support an enhancement | Supplementation permitted; records support the enhancement |
Key Cases Cited
- Puckett v. United States, 556 U.S. 129 (2009) (plain-error review standards)
- Chavez-Hernandez, 671 F.3d 494 (5th Cir. 2012) (plain-error review framework in this circuit)
- Infante, 404 F.3d 376 (5th Cir. 2005) (probability standard for plain-error harm)
- Trejo, 610 F.3d 308 (5th Cir. 2010) (extension of precedent not plain error)
- Martinez-Vega, 471 F.3d 559 (5th Cir. 2006) (supplementation of state-court records for enhancements)
- Girod, 646 F.3d 304 (5th Cir. 2011) (de novo review of guideline enhancements)
- Sanchez–Ledezma, 630 F.3d 447 (5th Cir. 2011) (evading arrest as aggravated felony guidance)
- Garcia-Arellano, 522 F.3d 477 (5th Cir. 2008) (record supplementation when district court lacks documents)
- Gracia-Cantu, 302 F.3d 308 (5th Cir. 2002) (crime-of-violence analysis under § 16)
- Gall v. United States, 552 U.S. 38 (2007) (reasonableness standard under § 3553(a))