United States v. Moises Catalan
2012 U.S. App. LEXIS 23709
9th Cir.2012Background
- Catalan was convicted in state court in 2007 for possession for sale of a controlled substance and given 180 days in jail plus 36 months probation before deportation to Mexico.
- Two years later, California revoked his probation and imposed 360 days in jail for driving with a false name while on probation.
- After completing the state sentence, Catalan was transferred to federal custody and pled guilty to illegal reentry under 8 U.S.C. § 1326.
- Section 2L1.2(b)(1) provides different levels based on the length of the “sentence imposed” for a prior drug offense.
- The district court included the probation-revocation sentence served after deportation in the “sentence imposed,” resulting in a 16-level enhancement.
- The Sentencing Commission amended § 2L1.2 to clarify that revocation sentences after deportation are included only if revocation occurred before deportation or unlawful stay, and the panel applied this amendment retroactively, vacating and remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the revocation sentence after deportation is part of the sentence imposed under §2L1.2(b)(1). | Catalan argues revocation should be included. | Appellee argues revocation is included. | Amendment clarifies, revocation not included if post-deportation; retroactive application vacates. |
| Whether Amendment 764 clarifies or alters the law and can be applied retroactively. | Amendment clarifies existing law. | Amendment may alter interpretation. | Amendment clarifies rather than alters; retroactive application allowed; remand for resentencing. |
Key Cases Cited
- United States v. Compres-Paulino, 393 F.3d 116 (2d Cir. 2004) (amended sentence relates back to conviction pre-deportation (per curiam))
- United States v. Bustillos-Pena, 612 F.3d 863 (5th Cir. 2010) (conflict on whether sentence imposed includes revocation after deportation)
- United States v. Lopez, 634 F.3d 948 (7th Cir. 2011) (approach to determine sentence imposed for §2L1.2(b)(1))
- United States v. Rosales-Garcia, 667 F.3d 1348 (10th Cir. 2012) (interpretation of sentence imposed after deportation)
- United States v. Guzman-Bera, 216 F.3d 1019 (11th Cir. 2000) (early framework for sentence-imposed calculation under §2L1.2)
- United States v. Morgan, 376 F.3d 1002 (9th Cir. 2004) (amendments clarifying rather than substantive; retroactive application guidance)
- United States v. Christensen, 598 F.3d 1201 (9th Cir. 2010) (contrast on interpreting guideline amendments)