United States v. Romo-Villalobos
2012 U.S. App. LEXIS 5768
| 11th Cir. | 2012Background
- Romo-Villalobos, a Mexican citizen, had been deported twice for felony offenses and reentered the U.S. after each removal.
- He pled guilty to two counts: illegal reentry after felony conviction and illegal reentry after false representation conviction.
- District court applied a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) based on a prior felony-violence deportation conviction.
- The prior deportation offense was Florida § 843.01 resisting an officer with violence, a third-degree felony.
- He received a total offense level of 21 and, with a criminal history category I, a guideline range of 37–46 months; he was sentenced to 37 months on count 1 and 24 months on count 2, concurrent.
- On appeal, Romo-Villalobos challenged the use of § 843.01 as a crime of violence and the lack of a downward variance due to fast-track disparities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 843.01 qualifies as a crime of violence for the 16-level enhancement | Romo-Villalobos argues the Florida statute is not a crime of violence | Government contends Florida case law treats violence as an element, satisfying the clause | Yes; Florida § 843.01 constitutes a crime of violence for § 2L1.2(b)(1)(A)(ii) |
| Whether the 37-month sentence was unreasonable for lack of a fast-track downward variance | Romo-Villalobos asserts no fast-track variance was available to him | Government and court rely on precedent disfavoring fast-track disparities as basis for variance | No error; fast-track disparities do not require a variance; even if reconsidered, Romo-Villalobos would not qualify for fast-track |
Key Cases Cited
- Palomino Garcia v. United States, 606 F.3d 1317 (11th Cir. 2010) (elements-clause crimes; guides interpretation of crime of violence)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (interprets ‘violent force’ under ACCA and requires true force)
- United States v. Jones, 400 F. App’x 462 (11th Cir. 2010) (unpublished; discusses crime of violence under Florida § 843.01)
- United States v. Vega-Castillo, 540 F.3d 1235 (11th Cir. 2008) (scope of fast-track departures and sentencing disparities)
- Arevalo-Juarez v. United States, 464 F.3d 1246 (11th Cir. 2006) (Attorney General fast-track requirements for downward departures)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (see above (duplicate entry retained for completeness))