United States v. Juan Quintero-Junco
2014 U.S. App. LEXIS 10933
| 9th Cir. | 2014Background
- Quintero-Junco, a Mexican citizen, was arrested in Arizona for illegal reentry after deportation in 8 U.S.C. § 1326.
- PSR identified a prior Arizona conviction for attempted sexual abuse under ARS § 13-1404 as a potential crime of violence.
- District court calculated a Guidelines range but varied from it, considering deterrence and his criminal history.
- At sentencing, the court acknowledged the prior conviction could be a crime of violence under the modified categorical approach but ultimately used it to enhance sentence.
- District court imposed a 52-month term, commenting that guidelines were not controlling and citing age and infirmity as reasons for a longer custodial sentence.
- Quintero-Junco timely appealed, challenging the weight given to the Guidelines and the classification of his prior conviction as a forcible sex offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court adequately weigh the Guidelines? | Quintero-Junco argues Guidelines were not starting point. | Quintero-Junco contends court failed to follow required starting-point procedure. | No error; Guidelines treated as starting point with justified departure. |
| Whether ARS § 13-1404 prior conviction is a forcible sex offense under modified categorical approach? | Conviction not a forcible sex offense because lack of penetration element. | Arizona statute divisible; prong matched generic forcible sex offense. | Conviction constitutes a forcible sex offense; properly enhanced. |
Key Cases Cited
- United States v. Munoz-Camarena, 631 F.3d 1028 (9th Cir. 2011) (Guidelines as starting point for sentencing)
- Kimbrough v. United States, 552 U.S. 85 (U.S. 2007) (deferential stance toward advisory guidelines)
- United States v. Carty, 520 F.3d 984 (9th Cir. 2008) (requirement to explain deviations from Guidelines)
- Descamps v. United States, 133 S. Ct. 2276 (U.S. 2013) (modified categorical approach limited to divisible statutes)
- Gallegos-Galindo, 704 F.3d 1269 (9th Cir. 2013) (expanded forcible sex offense to include lack of consent)
- United States v. Wenner, 351 F.3d 969 (9th Cir. 2003) (definition of crime of violence and related guidance)
- United States v. Contreras, 739 F.3d 592 (11th Cir. 2014) (nonconsensual sex offenses as forcible sex offenses)
- Diaz-Corado, 648 F.3d 290 (5th Cir. 2011) (non-consensual touching can constitute forcible sex offense)
- Gonzalez-Monterroso, 745 F.3d 1237 (9th Cir. 2014) (definitions related to prior convictions and violence)
- Gomez-Hernandez, 680 F.3d 1171 (9th Cir. 2012) (clarifies impact of guidelines on sentencing)