United States v. Julian Garza-Guijan
2013 U.S. App. LEXIS 8621
| 5th Cir. | 2013Background
- Garza-Guijan pleaded guilty to illegal reentry after removal following a Florida aggravated felony conviction.
- The presentence report recommended a sixteen-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on prior felony convictions for burglary and sexual battery.
- Garza objected, arguing neither Florida conviction was a crime of violence; the district court overruled the objection and applied the enhancement.
- On appeal, the government concedes the burglary conviction is not a crime of violence, but argues the sexual battery conviction suffices for the enhancement.
- The court reviews the district court’s characterization de novo and analyzes the Florida sexual battery statute under the categorical approach to determine if it falls within the ‘forcible sex offenses’ category.
- The court holds that the sexual battery conviction qualifies as a crime of violence, so the enhancement applies and the sentence is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Garza's burglary conviction qualify as a crime of violence? | Garza argues neither conviction qualifies. | Government concedes burglary is not a crime of violence and relies on sexual battery. | Burglary is not a crime of violence. |
| Does Garza's sexual battery convict qualify as a crime of violence under §2L1.2? | Garza contends it does not qualify. | Garza's sexual battery falls within forcible sex offenses. | Yes; it constitutes a crime of violence and supports the enhancement. |
Key Cases Cited
- United States v. Flores–Gallo, 625 F.3d 819 (5th Cir. 2010) (review is de novo; applies guidelines commentary)
- United States v. Najera- Mendoza, 683 F.3d 627 (5th Cir. 2012) (categorical inquiry; elements over defendant’s conduct)
- United States v. Herrera, 647 F.3d 172 (5th Cir. 2011) (guidelines commentary on forcible sex offenses)
- United States v. Hernandez-Galvan, 632 F.3d 192 (5th Cir. 2011) (prior offense cannot sweep beyond generic definition)
- United States v. Gomez-Guerra, 485 F.3d 301 (5th Cir. 2007) (applies error standard for prior offense characterization)
- James v. United States, 550 U.S. 192 (2007) (clarifies use of guidelines in determining offense category)