United States v. Reynaldo Roblero-Ramirez
2013 U.S. App. LEXIS 12146
| 8th Cir. | 2013Background
- Roblero-Ramirez pleaded guilty to illegal reentry after deportation for an aggravated felony (manslaughter) under 8 U.S.C. § 1326(a) and (b)(2).
- District court increased base offense level by sixteen under § 2L1.2(b)(1)(A)(ii) after finding a prior crime of violence.
- The Nebraska 2006 conviction was for manslaughter under Neb. Rev. Stat. § 28-305, involving killing without malice upon a sudden quarrel.
- Fayetteville officers arrested Roblero-Ramirez in 2011 for obstructing governmental operations; he was released to ICE custody.
- Roblero-Ramirez’s alien registration histories show removals in 1996, 2000, and 2008; reentry occurred after deportation.
- On appeal, the court preserved the issue for review under Anders but ultimately held the sentencing error required remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nebraska §28-305 sudden-quarrel manslaughter fits 'crime of violence' for §2L1.2(b)(1)(A)(ii). | Roblero-Ramirez contends it does not. | Government argues it categorically fits the generic offense. | Not a qualifying crime of violence under the categorical approach as interpreted at the time. |
| Whether the district court erred in applying a sixteen-level enhancement based on the state conviction. | Roblero-Ramirez challenges the enhancement as improper under the categorical comparison. | Government supports application of the enhancement. | Reversed and remanded for resentencing due to overinclusive Nebraska statute and incorrect analysis. |
| Whether the case requires use of the modified categorical approach on remand. | Roblero-Ramirez contends a proper approach limits consideration to state statute elements. | Government agrees the approach can be applied as appropriate. | Remand allowed to apply the modified categorical approach as appropriate. |
Key Cases Cited
- Medina-Valencia v. United States, 538 F.3d 831 (8th Cir. 2008) (defines 'crime of violence' for § 2L1.2(b)(1)(A)(ii) and uses categorical approach)
- Moncrieffe v. Holder, 133 S. Ct. 1678 (2013) (categorical approach for determining if a state crime fits a generic federal offense)
- Taylor v. United States, 495 U.S. 575 (1990) (definition of 'generic' mens rea and offense concepts)
- Shepard v. United States, 544 U.S. 13 (2005) (letters the reliance on charging documents and records for categorization)
- Johnson v. United States, 559 U.S. 133 (2010) (elements-based approach to prior offenses for categorization)
- Armijo v. United States, 651 F.3d 1226 (10th Cir. 2011) (generic manslaughter mens rea may be recklessness or greater)
- State v. Pettit, 445 N.W.2d 890 (Neb. 1989) (Nebraska law on manslaughter and sudden quarrel interpretation)
- State v. Jones, 515 N.W.2d 654 (Neb. 1994) (initial Nebraska interpretation of manslaughter without malice in sudden quarrel)
- State v. Smith, 806 N.W.2d 383 (Neb. 2011) (overruled Jones, reinstated Pettit interpretation of manslaughter)