United States v. Luis Hernandez-Hernandez
817 F.3d 207
5th Cir.2016Background
- Defendant Luis Hernandez-Hernandez pleaded guilty to illegal reentry after prior convictions, including a 2005 conviction under 18 U.S.C. § 111(a)(1) and (b) for assaulting a federal corrections officer and inflicting bodily injury.
- The PSR and district court applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on the § 111(b) conviction being a "crime of violence."
- § 2L1.2(b)(1)(A)(ii) imposes the enhancement for prior convictions that either are enumerated offenses or ‘‘have as an element the use, attempted use, or threatened use of physical force against the person of another’’ (the catch‑all/use‑of‑force provision).
- The panel applied the modified categorical approach because § 111 is divisible into alternative offenses; Shepard documents (indictment, plea agreement, judgment) were consulted to identify the actual elements of Hernandez’s conviction.
- Shepard documents show Hernandez ‘‘forcefully’’ struck and bit the officer, causing bodily injury; conviction and 84‑month sentence correspond to § 111(b) (assault with bodily injury or use of a deadly weapon).
- The court concluded the narrowed elements of Hernandez’s § 111(b) conviction—knowingly and forcibly assaulting a federal officer, involving physical contact, and inflicting bodily injury—necessarily involve violent physical force and thus qualify as a crime of violence under § 2L1.2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a § 111(a)(1) & (b) conviction is a "crime of violence" under U.S.S.G. § 2L1.2(b)(1)(A)(ii)'s use‑of‑force catch‑all | Gov: § 111(b) includes bodily injury and therefore requires force capable of causing pain/injury, so triggers enhancement | Hernandez: § 111(b) can be violated by non‑forceful acts (e.g., spitting, projecting fluids) and thus need not involve violent force | Held: § 111(b) (as applied to Hernandez) necessarily required intentional use/attempted/threatened violent physical force and is a crime of violence; enhancement affirmed |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (categorical approach focuses on statutory elements)
- Descamps v. United States, 133 S. Ct. 2276 (modified categorical approach for divisible statutes)
- United States v. Ceron, 775 F.3d 222 (5th Cir.) (interpretation of § 2L1.2 catch‑all and application of Shepard documents)
- United States v. Calderon‑Pena, 383 F.3d 254 (5th Cir.) (intentional use of force must be a necessary element)
- United States v. Flores‑Gallo, 625 F.3d 819 (5th Cir.) (definition of "physical force" as violent force)
- Johnson v. United States, 559 U.S. 133 (force must be capable of causing physical pain or injury)