United States v. Ramirez
708 F.3d 295
| 1st Cir. | 2013Background
- FBI investigated gang-related drug trafficking in Chelsea, MA; Ramírez targeted and charged as a key crack supplier.
- Ramírez pled guilty to one conspiracy count and two distribution counts of crack cocaine, receiving 13 years.
- PSR classified Ramírez as a career offender based on two prior convictions: Florida burglary of a dwelling (1997) and Massachusetts drug-related conviction (1993).
- Florida burglary of a dwelling statute includes curtilage; the statute defines dwelling to include spaces surrounding a residence.
- District court adopted PSR calculations, applying the career offender enhancement, resulting in a sentencing range of 188–235 months and a 156-month sentence.
- Post-sentencing Ramírez moved to correct judgment and sought resentencing, arguing the § 861(b) enhancement should not apply due to lack of knowledge that BR was a minor; court reduced supervised release but did not grant resentencing; remanded for clarification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida burglary of a dwelling is a crime of violence under §4B1.2(a)(2) | Ramírez argues Florida's broader curtilage definition takes it outside generic burglary. | U.S. contends Florida burglary of a dwelling remains within residual/enumerated framework. | Florida burglary of a dwelling is not categorically the enumerated burglary but is within residual clause as to risk. |
| Whether the use-of-juvenile enhancement under §861(b) applies without proof of knowledge | Ramírez did not admit knowing BR was a minor; enhancement should not apply. | Government argues knowledge need not be proved for §861(b) enhancement. | Remand necessary due to record ambiguity on whether enhancement applied; need district court clarification. |
| Whether the district court adequately explained the sentence and whether resentencing is warranted | Record inconsistencies require remand to reassess explanation and calculation. | Judge's reasoning was adequate within sentencing framework; any mismatch requires limited remand. | Sentence vacated and remanded for further proceedings consistent with the opinion. |
Key Cases Cited
- United States v. Small, 640 F.3d 425 (1st Cir. 2011) (guidelines residual/4B1.2(a) construction)
- United States v. Davis, 676 F.3d 3 (1st Cir. 2012) (definition of crime of violence under guidelines)
- Giggey I, 551 F.3d 27 (1st Cir. 2008) (Taylor framework for burglary of dwelling in Guidelines)
- Rivera-Oros v. United States, 590 F.3d 1123 (10th Cir. 2009) (dwelling and curtilage definitions under guidelines)
- Murillo-Lopez v. United States, 444 F.3d 337 (5th Cir. 2006) (dwelling definition and burglary scope under guidelines)