United States v. Leonel Fajardo-Galvan
16-20417
| 5th Cir. | May 30, 2017Background
- Defendant Leonel Fajardo-Galvan pleaded guilty to unlawful reentry after deportation following an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2).
- Presentence calculation included a 12-level enhancement under U.S.S.G. § 2L1.2(b)(1)(B) for a prior drug-trafficking offense (2007 North Carolina conviction for possession of cocaine with intent to sell or deliver).
- Fajardo-Galvan argued the enhancement was erroneous because North Carolina’s sentencing scheme limited his actual maximum exposure to one year (ten months), so the conviction could not be treated as a felony drug-trafficking offense for guideline purposes.
- He also requested the judgment reflect conviction under § 1326(b)(1), contending the indictment was ambiguous whether the prior involved marijuana (which might not qualify) or cocaine.
- The district court applied the enhancement and treated the prior as a cocaine offense; Fajardo-Galvan appealed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2L1.2(b)(1)(B) 12-level enhancement improperly applied because NC sentencing capped actual exposure below felony level | Fajardo-Galvan: NC scheme capped his actual maximum to 10 months, so prior cannot count as felony drug-trafficking for enhancement | Government: Enhancement was properly applied; defendant conceded guideline calculation at sentencing (invited error) | Court: No plain error; prior conviction qualifies and enhancement was properly applied |
| Whether judgment should reflect conviction under § 1326(b)(1) due to alleged indictment ambiguity (marijuana vs. cocaine) | Fajardo-Galvan: Indictment ambiguity could mean marijuana, which might not be an aggravated felony under § 1326(b)(2) | Government: Record shows cocaine; reference to marijuana was a typographical error | Court: No error; record supports cocaine conviction and marijuana reference was a typographical error |
Key Cases Cited
- United States v. Rodriguez, 602 F.3d 346 (5th Cir.) (discussing invited error and standard of review)
- United States v. Fernandez-Cusco, 447 F.3d 382 (5th Cir.) (plain error standard discussion)
- United States v. Rodriguez-Parra, 581 F.3d 227 (5th Cir.) (analysis of § 2L1.2 enhancement application)
- United States v. Morrison, 713 F.3d 271 (5th Cir.) (use of record to resolve ambiguity about prior offense)
- United States v. Neri-Hernandes, 504 F.3d 587 (5th Cir.) (resolving typographical or record ambiguities regarding prior convictions)