625 F.3d 1148
9th Cir.2010Background
- Leal-Felix, a previously deported Mexican citizen, reentered the U.S. in 2009 and pleaded guilty to 8 U.S.C. § 1326(a).
- Plea agreement restrained sentence at the low end of the Guidelines range, based on total offense level 9 and calculated criminal history.
- Probation calculated his criminal history at 14 points, including prior burglary (2001) and methamphetamine import (2008).
- Two points were added for two traffic violations (Nov 17, 1998 and Nov 19, 1998) with concurrent 180-day county jail sentences and 36 months probation.
- District court sentenced Leal-Felix to 21 months, at the low end of a 21–27 month range, with Criminal History Category VI.
- On appeal, Leal-Felix challenged whether traffic citations constitute intervening arrests under U.S.S.G. § 4A1.2(a)(2); district court’s calculation otherwise stood.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a traffic citation counts as an arrest under § 4A1.2(a)(2). | Leal-Felix argues citations are not arrests and thus should not add points. | The government argues citations are arrests in federal parlance, citing Morgan and related authority. | Affirmed; citations can be treated as arrests for criminal history purposes. |
| Whether the 2007 amendment to § 4A1.2(a)(2) eliminates Morgan's rationale. | Morgan is persuasive and Morgan’s rationale should be rejected; Citations not included. | Amendment removed relatedness/recidivism concerns; Morgan's reasoning remains persuasive on interpretation. | Affirmed; the district court properly counted citations as arrests under the guidelines. |
Key Cases Cited
- United States v. Medina-Villa, 567 F.3d 507 (9th Cir. 2009) (guidelines interpretation and de novo review of sentencing rulings)
- United States v. Morgan, 354 F.3d 621 (7th Cir. 2003) (traffic stop as an arrest; recidivism counting)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (traffic stop purpose; federal parlance of arrest)
- Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (citation vs arrest distinction in traffic stops)
- Knowles v. Iowa, 525 U.S. 113 (U.S. 1998) (citation of speeding stop; brief non-custodial detention)
- United States v. Cruz-Gramajo, 570 F.3d 1162 (9th Cir. 2009) (guide to plain meaning and structure of guidelines)
- United States v. Treadwell, 593 F.3d 990 (9th Cir. 2010) (plain meaning controls when text unambiguous)
- United States v. Joseph, 50 F.3d 401 (7th Cir. 1995) (early view on interpreting 'arrest' under guidelines)