United States v. Leal-Felix
2011 U.S. App. LEXIS 23800
| 9th Cir. | 2011Background
- Leal-Felix, a Mexican citizen and an alien, was charged with illegal reentry after removal under 8 U.S.C. § 1326(a)-(b)(2).
- Plea agreement required a sentencing recommendation at the low end of the range and included a waiver of appeal except the criminal history calculation; Leal-Felix reserved the right to appeal that calculation.
- Leal-Felix's criminal history included two November 1998 citations for driving with a suspended license, sentenced January 19, 2000, with concurrent probation and jail terms.
- The PSR counted both citations, giving 14 criminal history points; Leal-Felix objected to counting the second citation separately under § 4A1.2(a)(2) due to the same-day disposition with no intervening arrest.
- The district court held that a traffic citation is the equivalent of an arrest under § 4A1.2(a)(2), making the first citation an intervening arrest and imposing a 21-month sentence at the low end of the range.
- On appeal, the Ninth Circuit granted en banc review to interpret the meaning of 'arrest' under § 4A1.2(a)(2) and vacate/remand for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 4A1.2(a)(2) include traffic citations as arrests? | Leal-Felix: citations are not arrests; not intervening arrests. | Government: citations may be treated as arrests per Morgan; counts separately. | Citations are not arrests; require formal arrest. Remand for resentencing. |
| Should the rule of lenity apply to interpret 'arrest' in § 4A1.2(a)(2)? | Lenity favors Leal-Felix by excluding citations from arrest. | Govt. contends ordinary meaning and precedent support broader inclusion. | Lenity applies to exclude citations; supports not counting second citation as an arrest. |
Key Cases Cited
- Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (distinguishes custody/arrest; traffic stops and custody implications)
- Knowles v. Iowa, 525 U.S. 113 (U.S. 1998) (distinguishes formal arrest from citation; custody concepts)
- Atwater v. Lago Vista, 532 U.S. 318 (U.S. 2001) (distinguishes arrest types; citations vs. custody context)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (traffic stop described in context of arrest-related concepts)
- Dunaway v. New York, 442 U.S. 200 (U.S. 1979) (cautions against relying on 'technical arrests' to invoke protections)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (uniform definition of predicates not dependent on state law)
- Martinez v. United States, 232 F.3d 728 (9th Cir. 2000) (uniform, national interpretation of guidelines language)
- United States v. Morgan, 354 F.3d 621 (7th Cir. 2003) (traffic stop treated as arrest for recidivism calculation (Seventh Circuit))
- United States v. Laurienti, 611 F.3d 530 (9th Cir. 2010) (standard for reviewing district court's guidelines interpretation)