United States v. Reyes-Alfonso
2011 U.S. App. LEXIS 15401
| 10th Cir. | 2011Background
- Reyes-Alfonso pled guilty to illegal reentry after deportation under 8 U.S.C. § 1326 and received a guideline range of 46–57 months.
- PSR added a 16-level enhancement based on a prior Colorado conviction for Sexual Contact-No Consent, treated as a crime of violence.
- District court treated the prior Colorado offense as a forcible sex offense under U.S.S.G. § 2L1.2 and sentenced at the bottom of the range: 46 months.
- Reyes-Alfonso previously committed sexual contact with a 14-year-old in Colorado and was deported after serving nine months.
- Reyes-Alfonso challenged whether the Colorado offense is a forcible sex offense; Government contested and urged no variance.
- Court concluded the Colorado offense is a forcible sex offense under § 2L1.2 and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Colorado Sexual Contact-No Consent offense a forcible sex offense? | Reyes-Alfonso argues it is not a forcible sex offense and thus does not trigger § 2L1.2(b)(1)(A)(ii). | United States contends the prior conviction is a forcible sex offense under the application notes and Romero-Hernandez. | Yes; it is a forcible sex offense under § 2L1.2. |
| Procedural reasonableness of the sentence | District court relied too heavily on guidelines and failed to consider below-guideline variance. | Court properly considered § 3553(a) factors and acknowledged guidelines are not mandatory. | Not procedurally unreasonable. |
| Substantive reasonableness of a within-guideline sentence | Criminal history overrepresented seriousness; a variance was warranted. | Criminal history and conduct after deportation show persistent disregard; within-range sentence reasonable. | Not substantively unreasonable; sentence affirmed. |
Key Cases Cited
- United States v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009) (crime-of-violence determination reviewed de novo)
- United States v. Torres-Ruiz, 387 F.3d 1179 (10th Cir. 2004) (guideline interpretation and application note context)
- Romero-Hernandez, 505 F.3d 1082 (10th Cir. 2007) (held Colorado Sex Contact-No Consent as a crime of violence under § 2L1.2)
- Begay v. United States, 553 U.S. 137 (Supreme Court 2008) (distinguished ACCA's violent-felony interpretation from § 2L1.2 context)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (interprets 'physical force' in ACCA; not controlling for § 2L1.2)
- Rita v. United States, 551 U.S. 338 (2007) (explains judicial interpretation of guidelines and § 3553(a) factors)
- United States v. Sanchez-Juarez, 446 F.3d 1109 (10th Cir. 2006) (need to discern whether the judge considered § 3553(a) factors when below-guideline arguments are raised)
- Jarrillo-Luna, 478 F.3d 1226 (10th Cir. 2007) (adequate explanation required for sentences within guidelines)