United States v. Rodriguez-Huitron
21-10082
| 5th Cir. | Jul 7, 2021Background
- Defendant Juan Samuel Rodriguez-Huitron pleaded guilty to illegal reentry after removal and received a 57-month prison sentence under 8 U.S.C. § 1326(a).
- The district court treated a pre-removal Texas aggravated-assault conviction (Tex. Penal Code § 22.02), which can be committed recklessly, as an aggravated-felony conviction under 8 U.S.C. § 1101(a)(43)(F) because it qualified as a “crime of violence.”
- The parties acknowledged that, under Fifth Circuit precedent in United States v. Reyes-Contreras and United States v. Gomez-Gomez, an offense committed recklessly can satisfy the elements clause of a “crime of violence.”
- The Supreme Court’s decision in Borden v. United States held that reckless mens rea is not encompassed by the ACCA elements clause, casting doubt on Reyes-Contreras and leading the Supreme Court to vacate and remand Gomez-Gomez for reconsideration in light of Borden.
- Given Borden, the Fifth Circuit denied the Government’s motion for summary affirmance and ordered the Government to file a brief addressing the implications of Borden within 30 days after the issuance of the Supreme Court’s mandate in Borden; the panel did not resolve the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Texas aggravated assault (which permits reckless mens rea) is a “crime of violence” under 18 U.S.C. § 16(a) and thus an aggravated felony under 8 U.S.C. § 1101(a)(43)(F). | Reyes-Contreras/Gomez-Gomez control; reckless mens rea may satisfy the elements clause so the conviction is a crime of violence. | Reckless mens rea should not qualify under the elements clause (as Borden suggests); classification is plain error. | Court declined summary affirmance in light of Borden, ordered further briefing; did not decide merits. |
Key Cases Cited
- United States v. Reyes-Contreras, [citation="910 F.3d 169"] (en banc Fifth Cir. 2018) (held elements-clause analysis can encompass knowing or reckless conduct)
- United States v. Gomez-Gomez, [citation="917 F.3d 332"] (5th Cir. 2019) (applied Reyes-Contreras to Texas aggravated assault)
- Borden v. United States, [citation="141 S. Ct. 1817"] (2021) (held reckless mens rea not covered by ACCA elements clause)
- Groendyke Transp., Inc. v. Davis, [citation="406 F.2d 1158"] (5th Cir. 1969) (standard for denying summary affirmance)