United States v. Martinez-Gonzalez
663 F.3d 1305
| 11th Cir. | 2011Background
- Martinez-Gonzalez, a Mexican national, was previously convicted in Alabama of two counts of possession of forged instruments with intent to defraud in 2008 and subsequently deported.
- He reentered the United States without permission and pleaded guilty to illegal reentry under 8 U.S.C. § 1326(a).
- The district court increased his base offense level by eight for an aggravated felony based on his forged-instrument conviction, applying U.S.S.G. § 2L1.2(b)(1).
- Martinez-Gonzalez objected that possession of a forged document is not an aggravated felony under § 1101(a)(43)(R).
- The district court sentenced him to 24 months after reductions for acceptance of responsibility and substantial assistance, within a guidelines range of 21–27 months.
- Martinez-Gonzalez challenged both the use of the eight-level enhancement and the district court’s consideration of § 3553(a) factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether possession of a forged document relates to forgery under § 1101(a)(43)(R). | Martinez-Gonzalez argues it is not related to forgery under the statute. | Government contends the state conviction is related to forgery under the broad congressional purpose and the categorical approach. | Related to forgery; eight-level enhancement applies. |
| Whether the sentence is substantively reasonable under § 3553(a). | Martinez-Gonzalez claims the court failed to properly weigh § 3553(a) factors and his circumstances. | Government asserts the court adequately considered § 3553(a) and imposed a reasonable sentence within the range. | Sentence reasonable and properly considered under § 3553(a). |
Key Cases Cited
- Chavarria-Brito, 526 F.3d 1184 (8th Cir.2008) (aggravated felony conviction for false document possession supports § 2L1.2(b)(1))
- Richards v. Ashcroft, 400 F.3d 125 (2d Cir.2005) (guidelines alignment with civil standards in immigration context)
- Albillo-Figueroa v. INS, 221 F.3d 1070 (9th Cir.2000) (similar conclusion on relatedness to forgery)
- Martinez-Valdez, 419 Fed.Appx. 523 (5th Cir.2011) (affirming eight-level enhancement for forged document possession)
- Apanpa v. Attorney General of U.S., 276 Fed.Appx. 227 (3d Cir.2008) (conviction for criminal possession of a forged instrument related to forgery)
- Palomino Garcia, 606 F.3d 1317 (11th Cir.2010) (Taylor categorical approach applied to determine offense type)
- Taylor v. United States, 495 U.S. 575 (1990) (categorical approach for determining offenses for enhancements)
- United States v. Archer, 531 F.3d 1347 (11th Cir.2008) (application of Taylor's categorical approach)
- Shabani, 513 U.S. 10 (1994) (interpretation of ambiguous criminal statutes)
- Muscarello v. United States, 524 U.S. 125 (1998) (statutory interpretation principles for criminal statutes)
- Caron v. United States, 524 U.S. 308 (1998) (rule of lenity not invoked for grammatical possibility; requires full statutory construction)
- Vega-Castillo, 540 F.3d 1235 (11th Cir.2008) (addressed Fast-Track disparity in context of aliens)
- Kinard, 472 F.3d 1294 (11th Cir.2006) (de novo review of guidelines application to facts)
- Taylor v. United States, 495 U.S. 575 (1990) (categorical approach in determining offense)