United States v. Ramos-Medina
706 F.3d 932
| 9th Cir. | 2012Background
- Ramos-Medina pled guilty in 2007 to first-degree residential burglary under Cal. Penal Code § 459 and was sentenced to two years.
- Immigration authorities later determined that this burglary qualified as a crime of violence and an aggravated felony under the INA, triggering expedited removal; Ramos signed a form waiving contest to removal.
- Ramos was administratively removed at the border and five days later admitted to reentering the United States.
- The district court held that the California burglary qualified as an aggravated felony and imposed a base offense level of eight with a 16-level enhancement for a crime of violence; it rejected a two-level downward adjustment for acceptance of responsibility.
- Ramos challenged the deportation-based predicate and the sentencing adjustments; this court affirmed, holding that first-degree burglary under § 459 can be a crime of violence for INA purposes and that the district court properly applied a modified categorical approach and correctly denied the acceptance of responsibility adjustment.
- The court ultimately affirmed Ramos’s sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether first-degree burglary under § 459 is a crime of violence for INA purposes | Ramos: burglary is not categorically a crime of violence | Government: Becker-Lopez-Cardona line holds it is a crime of violence | Yes; Becker/Lopez-Cardona/Kwong remain controlling; § 459 qualifies as a crime of violence for INA purposes |
| Whether the conviction qualifies as a burglary of a dwelling under the modified categorical approach | Ramos: no guarantee the conviction was for a dwelling burglary | Government: modified categorical review shows it was a burglary of a dwelling | Yes; the record shows unlawful/unprivileged entry into a dwelling, satisfying the dwelling burglary element |
| Whether Ramos adequately accepted responsibility to warrant a two-level downward adjustment | Ramos: should receive adjustment for accepting responsibility | District court considered but found no acceptance due to trial contest and related conduct | No clear error; district court properly weighed conduct and preserved denial of the adjustment |
| Whether the district court erred by relying on deportation-related conduct at sentencing | Ramos: deportation issues taint the predicate facts | Court affirmed; framework allowed consideration under post-Booker discretionary sentencing |
Key Cases Cited
- Becker v. United States, 919 F.2d 568 (9th Cir. 1990) (first-degree burglary is a crime of violence under 18 U.S.C. § 16(b) for some contexts)
- Lopez-Cardona v. Holder, 662 F.3d 1110 (9th Cir. 2011) (Becker remains good law for INA context; burglary can be a crime of violence)
- Kwong v. Holder, 671 F.3d 872 (9th Cir. 2011) (supports Becker/Lopez-Cardona on crime of violence under INA)
- Aguila-Montes de Oca v. Holder, 655 F.3d 915 (9th Cir. 2011) (defines crime of violence under the current guidelines; uses modified categorical approach)
- Taylor v. United States, 495 U.S. 575 (1990) (establishes generic burglary definition for dwelling)
- Cortes v. United States, 299 F.3d 1030 (9th Cir. 2002) (approach to determining acceptance of responsibility post-Booker)
- Ochoa-Gaytan v. United States, 265 F.3d 838 (9th Cir. 2001) (acceptance of responsibility framework where trial contest occurred)